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BALABANOFF v. KELLOGG

No. 9419.

118 F.2d 597 (1941)

BALABANOFF v. KELLOGG et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied January 15, 1941.

Attorney(s) appearing for the Case

W. H. Metson and P. H. McCarthy, Jr., both of San Francisco, Cal., for appellant.

W. N. Cuddy and Roy Bunn, both of Anchorage, Alaska, and E. Coke Hill, of San Francisco, Cal., for appellees.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

Appellees (here for convenience called the Company) sued to enjoin appellant from diverting the waters of Nugget creek in Yentna mining district, Alaska, and from trespassing upon a ditch alleged to be the property of the Company. From a decree in the Company's favor this appeal is prosecuted.

The complaint contains in substance the following averments: — The Company owns placer claims on and adjacent to Nugget creek. It is engaged...

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