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UNITED STATES v. ALEXANDER

No. 10095.

131 F.2d 359 (1942)

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

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied December 18, 1942.

Attorney(s) appearing for the Case

Norman M. Littell, Asst. Atty. Gen., of Washington, D. C., John B. Tansil, U. S. Atty., of Billings, Mont., Vernon L. Wilkinson, Atty., Dept. of Justice, of Washington, D. C. (Kenneth R. L. Simmons, Dist. Counsel, United States Indian Field Service, of Billings, Mont., of counsel), for the United States.

Pope & Smith, Walter L. Pope, and Russell E. Smith, all of Missoula, Mont., for appellants Flathead Irr. Dist. and Dennis A. Dellwo.

Lloyd I. Wallace, of Polson, Mont., for appellees.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.

HANEY, Circuit Judge.

We are asked to review a decree entered in a suit brought to enjoin the owners of certain Indian allotments on the Flathead Indian Reservation from diverting water through their privately constructed ditches in excess of amounts allocated to them and their predecessors by the Secretary of the Interior in 1921.

The reservation in question is situated in Montana and was created by treaty in 1855...

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