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SAIN v. MONTANA POWER CO.

No. 1488.

20 F.Supp. 843 (1937)

SAIN et al. v. MONTANA POWER CO.

District Court, D. Montana.

September 29, 1937.

Attorney(s) appearing for the Case

S. P. Wilson, of Deer Lodge, Mont., and E. C. Mulroney, of Missoula, Mont., for plaintiffs.

W. L. Murphy, A. N. Whitlock, and Walter L. Pope, all of Missoula, Mont., J. E. Corette, Jr., of Butte, Mont., and J. C. Garlington, of Missoula, Mont., for defendant.

BOURQUIN, District Judge.

Heretofore, the court determined it had jurisdiction of this suit, but that due respect for the state court of earlier jurisdiction then presently controlling and administering the property, subject matter of the suit, required this court in proper exercise of discretion to refuse to proceed; and dismissal was ordered. See (D.C.) 5 F.Supp. 792.

The intermediate appellate court held the dismissal...

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