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UNITED STATES v. FULLER

20 F.Supp. 839 (1937)

UNITED STATES v. FULLER et al.

District Court, D. Idaho, S. D.

September 10, 1937.

Attorney(s) appearing for the Case

B. E. Stoutemyer, of Portland, Ore., and John A. Carver, U. S. Dist. Atty., and E. H. Casterlin and Frank Griffin, Asst. U. S. Dist. Attys., all of Boise, Idaho.

J. P. Reed, of Emmett, Idaho, for defendant Fredrick J. Fuller.

J. W. Taylor, Atty. Gen., and E. G. Elliott and Lawrence B. Quinn, Asst. Attys. Gen., for the State of Idaho.

CAVANAH, District Judge.

The United States brings this action under an act of Congress granting jurisdiction to the federal courts to procure a declaratory judgment, and asserting that an actual controversy has arisen between it and the defendants as to the validity of an easement and right of way over and across lands of the defendant Fuller for the construction of a canal by the government for the irrigation of the Payette...

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