KENNEDY v. UNITED STATES

No. 9614.

119 F.2d 564 (1941)

KENNEDY v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

April 19, 1941.


Attorney(s) appearing for the Case

D. V. Mulhern and B. H. Gibbs, both of Phoenix, Ariz., for appellant.

Norman M. Littell, Asst. Atty. Gen., Frank E. Flynn, U. S. Atty., of Phoenix, Ariz., and John P. Dougherty, Asst. U. S. Atty., of Tucson, Ariz., and Charles R. Denny and Frank J. Dugan, Attys., Department of Justice, both of Washington, D. C., for appellee.

Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.


STEPHENS, Circuit Judge.

In this action it was ordered, adjudged and decreed by the District Court "That defendant be and hereby is enjoined and restrained from occupying and grazing livestock on land embraced within" a certain designated survey township in the State of Arizona.

The defendant below appeals upon two grounds. One of the grounds of appeal is that the court was and is without jurisdiction because, as he asserts, the issue of the case lies solely...

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