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UNITED STATES v. POWERS

No. 8419.

94 F.2d 783 (1938)

UNITED STATES v. POWERS et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied March 8, 1938.

Attorney(s) appearing for the Case

John B. Tansil, U. S. Atty., and R. Lewis Brown, Asst. U. S. Atty., both of Butte, Mont., and Kenneth R. L. Simmons, Dist. Counsel, Dept. of Interior, of Billings, Mont.

T. H. Burke and E. E. Collins, both of Billings, Mont., for appellees.

Before GARRECHT, MATHEWS, and HANEY, Circuit Judges.

GARRECHT, Circuit Judge.

This suit was brought by the United States to enjoin the defendants, residing within the Crow Indian Reservation in Montana from diverting any of the waters of Lodge Grass creek or Little Big Horn river and their tributaries. The bill in equity alleged the setting aside of the Crow Indian Reservation by treaty in 1868, 15 Stat. 649, with the intention of the United States to change the Crow Indians from their nomadic habits to those of a pastoral...

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