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AMERICAN FALLS RESERVOIR DIST. NO. 2 v. CRANDALL

No. 7906.

85 F.2d 864 (1936)

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

Circuit Court of Appeals, Ninth Circuit.

September 28, 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.

In the opinion filed, the court fell into the error, as the parties did, of saying that in the absence of an indispensable party, the court was without jurisdiction to adjudicate the water rights of complainant. Equity Rule 39, 28 U.S.C.A. following section 723, and 28 U.S.C.A. § 111, removed any defect of jurisdiction, but the court cannot make a decree in the absence of such party. Shields v. Barrow, 58 U.S.(17 How.) 130, 141, 15 L.Ed...

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