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NORTH SIDE CANAL CO. v. IDAHO FARMS CO.

No. 9049.

107 F.2d 481 (1939)

NORTH SIDE CANAL CO., Limited, v. IDAHO FARMS CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied February 2, 1940.

Attorney(s) appearing for the Case

Wayne A. Barclay, of Jerome, Idaho, Frank L. Stephan and J. H. Blandford, both of Twin Falls, Idaho, and Richards & Haga, of Boise, Idaho, for appellant.

Edwin Snow, of Boise, Idaho, and A. F. James, of Gooding, Idaho, for appellee.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

Appellee, a Delaware corporation, sued in the federal court for Idaho to quiet its title to about 11,000 acres of land in what is known as the "North Side Project" in that state. This is a Carey Act project initiated under the act of August 18, 1894, 28 Stat. 372, 422, as amended June 11, 1896, 29 Stat. 413, 434, 43 U.S.C.A. § 641 et seq., providing for the donation to the states of desert lands, conditioned upon the states' causing the...

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