OWYHEE DITCH COMPANY v. UNITED STATES

Civ. 6119.

126 F.Supp. 429 (1954)

OWYHEE DITCH COMPANY, a corporation, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. Oregon.

January 11, 1954.


Attorney(s) appearing for the Case

Gallagher & Gallagher, Ontario, Or., for plaintiff.

Howard Stinson, Regional Counsel, Bureau of Reclamation, Henry L. Hess, U. S. Atty., Victor Harr, Asst. U. S. Atty., Portland, Or., and William Burpee, Asst. Regional Counsel, Bureau of Reclamation, for the United States.


JAMES ALGER FEE, Chief Judge.

This is an action for breach of contract under the Tucker Act, 28 U.S.C.A. §§ 1346, 2401, 2402.

On August 3, 1928, the United States entered into a written agreement whereby, in consideration of the payment to it of $300,000.00, it promised to furnish to the Owyhee Ditch Company quantities of stored water. The amount of water to be delivered to the company was 21,000 acre-feet in each year in which the reservoir filled...

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