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UNITED STATES v. McINTIRE

No. 8797.

101 F.2d 650 (1939)

UNITED STATES et al. v. McINTIRE et al. FLATHEAD IRR. DIST. v. SAME.

Circuit Court of Appeals, Ninth Circuit.

January 31, 1939.

Attorney(s) appearing for the Case

John B. Tansil, U. S. Atty., of Butte, Mont., Kenneth R. L. Simmons, Dist. Counsel, U. S. Indian Immigration Service, Dept. of Interior, of Billings, Mont., and Thomas E. Harris, Sp. Atty., Dept. of Justice, of Washington, D. C., for appellants United States and others.

Walter L. Pope, Russell E. Smith, and Allen K. Smith, all of Missoula, Mont., for appellant Flathead Irr. Dist.

Elmer E. Hershey, of Missoula, Mont., for appellee Agnes McIntire.

Before WILBUR, HANEY, and HEALY, Circuit Judges.

HANEY, Circuit Judge.

From a decree adjudicating that appellees were entitled to divert waters from Mud Creek, situated in Montana on the Flathead Indian Reservation, and enjoining appellants from interfering with such right in any way whatever, this appeal is taken.

On July 16, 1855, one Stevens, on behalf of the United States, entered into a treaty with the Flathead, Kootenay and Upper Pend d'Oreilles Indian tribes, constituting the Flathead Nation. The...

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