UNITED STATES v. AMERICAN DITCH ASS'N

No. 1762.

2 F.Supp. 867 (1933)

UNITED STATES v. AMERICAN DITCH ASS'N et al.

District Court, D. Idaho.

March 31, 1933.


Attorney(s) appearing for the Case

H. E. Ray, Dist. Atty., of Boise, Idaho, and B. E. Stoutemyer, Reclamation Counsel, of Portland, Or., for plaintiff.

Fred J. Babcock, Atty. Gen., McElroy & Chalfant, Davison & Davison, Richards & Haga, McKeen F. Morrow, Frank T. Wyman, and Thos. L. Martin, all of Boise, Idaho, John J. Plowhead, of Caldwell, Idaho, Alfred A. Fraser, Hawley & Worthwine, Karl Paine, and C. T. Ward, all of Boise, Idaho, Scatterday & Stone, of Caldwell, Idaho, Wm. Healy and Carl A. Burke, both of Boise, Idaho, Cleve Groome, T. A. Walters, Walter Griffiths, and Thos. E. Buckner, all of Caldwell, Idaho, and G. W. Grebe, of Kuna, Idaho, for defendants.


BOURQUIN, District Judge.

The amended complaint alleges in plaintiff rights to the use of the waters of Boise river, prior to any and all of some 400 defendants (state of Idaho, counties, cities, corporations, associations and individuals), and prays the order in use of all parties be determined, likewise the "economical duty of water."

Some defendants have defaulted, some have answered, and some have moved to dismiss, in substance, for that in the courts...

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