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IN RE BEAR RIVER DRAINAGE DISTRICT

Misc. No. 3.

267 F.2d 849 (1959)

In re BEAR RIVER DRAINAGE DISTRICT. In the matter of the general determination of all the rights to the use of water, both surface and underground, within the drainage area of the Bear River and all its tributaries in Utah.

United States Court of Appeals Tenth Circuit.

June 5, 1959.

Attorney(s) appearing for the Case

Perry W. Morton, Asst. Atty. Gen., A. Pratt Kesler, U.S. Atty., Salt Lake City, Utah, David R. Warner and Alfred H. O. Boudreau, Jr., Attorneys, Department of Justice, Washington, D. C., for applicant.

E. R. Callister, Atty. Gen., for the State of Utah, Robert B. Porter and Richard R. Boyle, Asst. Attys. Gen., for the State of Utah, for opponent.

Before BRATTON, Chief Judge, and LEWIS and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The United States has applied for the authorization of an interlocutory appeal under 28 U.S.C. § 1292(b).

The State Engineer of Utah instituted proceedings in the district court of Cache County, Utah, to adjudicate rights to the use of all the waters within the Bear River drainage in Utah. Pursuant to 43 U.S.C.A. § 666, a summons was served upon a representative of the Attorney General of the United States. On petition...

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