MOODY v. JOHNSTON

No. 6785.

66 F.2d 999 (1933)

MOODY, Project Manager, v. JOHNSTON et al., and four other cases.

Circuit Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing September 6, 1933.


Attorney(s) appearing for the Case

Wellington D. Rankin, U. S. Atty., and Sam D. Goza, Jr., Asst. U. S. Atty., both of Helena, Mont., Charles B. Rugg, Asst. Atty. Gen., Ethelbert Ward, Sp. Asst. to Atty. Gen., and Benj. P. Harwood, Dist. Counsel. U. S. Indian Irrigation Service, of Billings, Mont., for appellant.

Elmer E. Hershey, of Missoula, Mont., for appellees, except Scheer.

Before WILBUR, Circuit Judge, and JAMES and NORCROSS, District Judges.


NORCROSS, District Judge.

This is an appeal from decrees entered by the court below (Scheer v. Moody, 48 F.2d 327) in five suits consolidated for trial and appeal, enjoining defendant, appellant herein, individually and as Project Manager of the Irrigation Project within the Flathead Indian Reservation in Montana, from assessing or causing any assessment against appellees for the construction, operation, or maintenance of said project...

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