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

No. 3220.

90 F.2d 509 (1937)

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

Circuit Court of Appeals, First Circuit.

June 1, 1937.

Attorney(s) appearing for the Case

Samuel Williston, of Cambridge, Mass. (Bentley W. Warren, and Donald C. Starr, both of Boston, Mass., and Nathan P. Avery and James M. Healy, both of Holyoke, Mass., on the brief), for appellant.

Claude R. Branch, of Boston, Mass. (Charles P. Curtis, Jr., and Charles Ryan, both of Boston, Mass., and Russell L. Davenport, of Holyoke, Mass., on the brief), for appellee.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.

MORTON, Circuit Judge.

This is a bill to enjoin the unpermitted use of water by the defendant. The case was referred to a master who reported in favor of the defendant, stating the facts on which he based his decisive findings. In the District Court his report was confirmed and a decree was entered dismissing the bill. The plaintiff has appealed.

The plaintiff owns a tract of land on which is a long-established water power development on the Connecticut river...

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