UNITED STATES v. TILLEY

No. 11587.

124 F.2d 850 (1941)

UNITED STATES v. TILLEY, State Engineer of Nebraska, et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied January 28, 1942.


Attorney(s) appearing for the Case

John F. Cotter, of Washington, D. C., Atty., Department of Justice, (Norman M. Littell, Asst. Atty. Gen., Joseph T. Votava, U. S. Atty., of Omaha, Neb., Charles R. Denny and W. Robert Koerner, both of Washington, D. C., Attys., Department of Justice, and William J. Burke, Dist. Counsel, Bureau of Reclamation, of Billings, Mont., on the brief), for appellant.

Paul F. Good, Sp. Counsel, of Lincoln, Neb. (Walter R. Johnson, Atty. Gen. of Nebraska, and John L. Riddell, Asst. Atty. Gen. of Nebraska, on the brief), for Nebraska irrigation administrative officers, appellees.

Thomas F. Neighbors, of Scottsbluff, Neb. (Lester A. Danielson, of Scottsbluff, Neb., on the brief), for appellee Farmers Irr. Dist. and others.

William D. Deakins, Jr., of North Platte, Neb., for intervener-appellee Reconstruction Finance Corporation.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.


JOHNSEN, Circuit Judge.

In a suit for an injunction against the administrative officers of the State of Nebraska in charge of the diversion and distribution of its appropriated irrigation waters, and also against the Farmers' Irrigation District of that state, the United States seeks to have it decreed (1) that the appropriative rights claimed by the District to natural flow waters of the North Platte River under the laws of Nebraska, and recognized by the administrative...

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