SAIN v. MONTANA POWER CO.

No. 7499.

84 F.2d 126 (1936)

SAIN et al. v. MONTANA POWER CO.

Circuit Court of Appeals, Ninth Circuit.

June 8, 1936.


Attorney(s) appearing for the Case

E. C. Mulroney, of Missoula, Mont., and S. P. Wilson, of Deer Lodge, Mont., for appellants.

W. L. Murphy and A. N. Whitlock, both of Missoula, Mont., and John E. Corette, Jr., of Butte, Mont., for appellee.

Before WILBUR, GARRECHT, and DENMAN, Circuit Judges.


DENMAN, Circuit Judge.

This is an appeal by the plaintiffs from a final decree in equity dismissing a bill of complaint charging unlawful interference with plaintiffs' water rights, on the ground of failure of jurisdiction in the United States District Court. The dismissal by the court below was sua sponte, neither party presenting to it the question, the decision of which disposed of the controversy in that tribunal.

The complaint was brought by several citizens...

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