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

No. 3293.

94 F.2d 933 (1938)

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

Circuit Court of Appeals, First Circuit.

February 15, 1938.

Attorney(s) appearing for the Case

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

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

Before BINGHAM, WILSON, and MORTON, Circuit Judges.

MORTON, Circuit Judge.

This case arises between the same parties, and involves the same water-power system and the same underlying contracts and leases, as were before this court in Holyoke Water Power Co. v. American Writing Paper Co., 90 F.2d 509, C.C.A.1. It is unnecessary to restate the facts. We held that the grants of mill powers "carried a right to use the specified amount of water for power or other industrial uses." Page...

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