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AMERICAN FALLS RESERVOIR DIST. NO. 2 v. CRANDALL

No. 7906.

82 F.2d 973 (1936)

AMERICAN FALLS RESERVOIR DIST. NO. 2 v. CRANDALL et al.

Circuit Court of Appeals, Ninth Circuit.

March 30, 1936.

Attorney(s) appearing for the Case

W. G. Bissell and Branch Bird, both of Gooding, Idaho, for appellant.

J. R. Bothwell, Harry Povey, R. P. Parry, and J. Paul Thoman, all of Twin Falls, Idaho, and Otto E. McCutcheon and Chase A. Clark, both of Idaho Falls, Idaho, for appellees Crandall et al.

J. A. Carver, U. S. Atty., and E. H. Casterlin and Frank Griffin, Asst. U. S. Attys., all of Boise, Idaho, and B. E. Stoutemyer, Dist. Counsel, Bureau of Reclamation of Portland, Or., for appellee Harold Ickes.

Before WILBUR, DENMAN, and HANEY, Circuit Judges.

HANEY, Circuit Judge.

The trial court entered a decree dismissing appellant's complaint, and this appeal is prosecuted from that decree.

On March 30, 1921, the United States, acting through its reclamation service, filed an application with the Department of Reclamation of the state of Idaho to appropriate 8,000 second feet of theretofore un-appropriated water of the Snake river, pursuant to the provisions of Idaho Code Ann. § 41-202. This application...

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