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HOLYOKE WATER POWER CO. v. AMERICAN WRITING PAPER CO.

No. 2851.

68 F.2d 261 (1933)

HOLYOKE WATER POWER CO. v. AMERICAN WRITING PAPER CO., Inc.

Circuit Court of Appeals, First Circuit.

December 15, 1933.

Attorney(s) appearing for the Case

Bentley Warren, of Boston, Mass., Nathan P. Avery, of Holyoke, Mass., and Howard Stockton, Jr., of Boston, Mass. (Avery, Gaylord & Button, of Holyoke, Mass., and Warren, Garfield, Whiteside & Lamson, of Boston, Mass., on the brief), for appellant.

John L. Hall and Charles P. Curtis, Jr., both of Boston, Mass. (Russell L. Davenport, of Holyoke, Mass., on the brief), for appellee.

Before WILSON, MORTON, and LETTS, Circuit Judges.

WILSON, Circuit Judge.

This is an appeal from a judgment of the District Court of Massachusetts in an action at law to recover a sum alleged to be due as rental under a perpetual lease of a water power privilege on the Connecticut river at Holyoke, Mass.; trial by jury being waived.

The facts out of which the controversy arose are, as briefly as they may be stated, substantially as follows:

In 1859 the plaintiff acquired the water power privileges...

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