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ALBION-IDAHO LAND CO. v. NAF IRR. CO.

No. 1591.

97 F.2d 439 (1938)

ALBION-IDAHO LAND CO. v. NAF IRR. CO. et al.

Circuit Court of Appeals, Tenth Circuit.

June 3, 1938.

Attorney(s) appearing for the Case

Branch Bird, of Gooding, Idaho (W. G. Bissell, of Gooding, Idaho, on the brief), for appellant.

A. E. Bowen, of Salt Lake City, Utah (S. J. Quinney and Albert R. Bowen, both of Salt Lake City, Utah, on the brief), for appellees.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

PHILLIPS, Circuit Judge.

Clear Creek is an interstate, nonnavigable mountain stream having its source in the Raft River Mountains of Utah and flowing northerly into Idaho to its confluence with Raft River about 15 miles north of the Utah-Idaho boundary line.

The Albion-Idaho Land Company, hereinafter referred to as the Land Company, is a corporation organized under the laws of California. It owns 2400 acres of land in Cassia County, Idaho, with water rights...

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