PHELPS v. HANSON

No. 11641.

163 F.2d 973 (1947)

PHELPS et al. v. HANSON et al.

Circuit Court of Appeals, Ninth Circuit.

October 23, 1947.


Attorney(s) appearing for the Case

Kenneth R. L. Simmons and Roy F. Allan, both of Billings, Mont., for appellants.

H. C. Crippen, Rockwood Brown and Horace S. Davis, all of Billings, Mont., for appellees.

Before DENMAN, HEALY, and BONE, Circuit Judges.


HEALY, Circuit Judge.

Appellants brought this suit to quiet title to the waters of the south fork of Dry Head Creek in the Crow Indian Reservation in Montana. The stream has its source off the Reservation but flows into it and upon appellants' lands. Appellants, who are white grantees or successors in interest of a Crow Indian allottee, claim a prior right to the use of its waters as an appurtenance to their lands situated within the Reservation. Their complaint was...

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