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MONTANA POWER CO. v. ROCHESTER

No. 9917.

127 F.2d 189 (1942)

MONTANA POWER CO. v. ROCHESTER.

Circuit Court of Appeals, Ninth Circuit.

April 15, 1942.

Attorney(s) appearing for the Case

J. E. Corette, Jr., of Butte, Mont., and Pope & Smith, Murphy, Garlington & Pauly, J. C. Garlington, and Russell E. Smith, all of Missoula, Mont., for appellant.

Lloyd I. Wallace, of Polson, Mont., Mulroney & Mulroney, of Missoula, Mont., and R. F. Gaines, of Butte, Mont., for appellee.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

The basic question here presented is whether a fee patent to allotted land bordering on Flathead Lake (a navigable lake), in the Flathead Indian Reservation, Montana, conveyed title to the low water mark of the lake, or to high water mark only.

Under a license issued by the Federal Power Commission and approved by the Secretary of the Interior, appellant constructed a dam in the outlet of Flathead Lake, the purpose of which was to develop...

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