MACOMBER v. BOSE

No. 22020.

401 F.2d 545 (1968)

Beatrice M. MACOMBER, Appellant, v. James BOSE and Ethyl Joyce Bose, Appellees.

United States Court of Appeals Ninth Circuit.

October 4, 1968.


Attorney(s) appearing for the Case

James A. Cumming, Columbia Falls, Mont., for appellant.

Harold F. Smith, Kalispell, Mont., for appellees.

Before JOHNSEN, MERRILL and ELY, Circuit Judges.


MERRILL, Circuit Judge.

The parties are, respectively, owners of real property within the boundaries of Glacier National Park in Montana and, in this suit, dispute their respective rights to divert water from a nearby stream. The question on appeal is whether such a dispute concerning property so located gives rise to federal jurisdiction.

The complaint purports to be filed under 28 U.S.C. § 1331, alleging that the rights in issue arise under federal...

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