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SALMON RIVER CANAL CO., LTD. v. BELL BRAND RANCHES, INC.

No. 75-2462.

564 F.2d 1244 (1977)

SALMON RIVER CANAL CO., LTD., a corporation, Plaintiff-Appellant, v. BELL BRAND RANCHES, INC., a Nevada Corporation, and J. K. Wheeler, an Individual, and Wheeler Machinery Company, a Corporation, a co-partnership, dba W. D. Ranching Co., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied January 13, 1978.

Attorney(s) appearing for the Case

Lloyd J. Webb (argued), of Pike, Burton & Carlson, Twin Falls, Idaho, for plaintiff-appellant.

Irwin Aarons (argued), Milton Manoukian (argued), Carson City, Nev., John C. Miller (argued), Elko, Nev., for defendants-appellees.

Before KILKENNY and ANDERSON, Circuit Judges, and SCHWARZER, District Judge.

Rehearing and Rehearing En Banc Denied January 13, 1978.

J. BLAINE ANDERSON, Circuit Judge:

Appellant, the Salmon River Canal Co., an Idaho corporation owning ranch land in Nevada, brought a diversity action in the federal district court in Nevada seeking to enjoin appellees, Bell Brand Ranches, Inc. and J. K. Wheeler and Wheeler Machinery Company, from pumping water from wells located on neighboring lands. The district court granted appellees' summary judgment...

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