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RIVERS v. IDAHO POWER COMPANY

No. 16929.

307 F.2d 351 (1962)

R. B. RIVERS, doing business as Rivers Navigation Co., Appellant, v. IDAHO POWER COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

August 24, 1962.

Attorney(s) appearing for the Case

William R. Padgett, Boise, Idaho, for appellant.

Clements & Clements, Lewiston, Idaho, Parry, Robertson & Daly, Twin Falls, Idaho, and James E. Bruce, Boise, Idaho, for appellee.

Before ORR, CHAMBERS and KOELSCH, Circuit Judges.

CHAMBERS, Circuit Judge.

Rivers carries the mail as a private contractor for the United States government for a distance of 87 miles by boat up the Snake River from Lewiston, Idaho, to Johnson's Bar. Idaho Power, pursuant to a license issued in 1955 from the Federal Power Commission, has built three power dams above Johnson's Bar on the Snake which impound water to discharge and make power. Obviously, the flow of the stream below the dams has been affected.

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