TOOLE COUNTY IRR. DIST. v. MOODY

No. 9855.

125 F.2d 498 (1942)

TOOLE COUNTY IRR. DIST. v. MOODY et al.

Circuit Court of Appeals, Ninth Circuit.

January 28, 1942.


Attorney(s) appearing for the Case

Louis P. Donovan, of Shelby, Mont., for appellant.

Charles Davidson, of Great Falls, Mont., W. Coburn Cook, of Turlock, Cal., and Evan Haynes, of Berkeley, Cal., for appellees.

John W. Bonner, Atty. Gen., of Montana, and H. M. Gullickson, First Asst. Atty. Gen., for State of Montana, as amicus curiae.

William A. Brown, of Helena, Mont., for Montana State Ass'n of County Com'rs, as amicus curiae.

Cedor B. Aronow, Co. Atty., of Shelby, Mont., for Toole County, Mont., and Federal Land Bank of Spokane, Wash, as amicus curiae.

Before GARRECHT, MATHEWS, and HANEY, Circuit Judges.


MATHEWS, Circuit Judge.

Prior to April 27, 1937, appellees, Robert Moody, August J. Lang, Jr., and R. F. McMullen,1 acquired 42 bonds of $500 each (Series B) dated July 1, 1921, 50 bonds of $500 each (Series C) dated January 1, 1922, and 55 bonds of $1,000 each (Series D) dated January 1, 1922 — in all, 147 bonds aggregating the principal sum of $101,0002 — issued by the board of commissioners...

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