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GRIFFETH v. UTAH POWER & LIGHT COMPANY

No. 13611.

226 F.2d 661 (1955)

Melvin GRIFFETH and Lois D. Griffeth, Appellants, v. UTAH POWER & LIGHT COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

May 9, 1955.

Attorney(s) appearing for the Case

Andersen & Andersen, Pocatello, Idaho, Newel G. Daines, Logan, Utah, L. Delos Daines, Salt Lake City, Utah, for appellants.

Charles L. Ovard, Ray, Quinney & Nebeker, Paul H. Ray, Salt Lake City, Utah, A. L. Merrill, Pocatello, Idaho, for appellee.

Before HEALY, POPE and FEE, Circuit Judges.

JAMES ALGER FEE, Circuit Judge.

The Griffeths own lands and are lessees of other lands in Franklin County, Idaho, through which the Bear River flows. The Utah Power & Light Company is engaged in the generation and sale of electric current in public service. The company has for more than twenty-five years maintained and operated plants and dams upon the Bear River in the manufacture of such electricity. Thereby, for that purpose, the waters have continuously been...

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