In Re Fitch Drain No. 129

The background of this case will be found in In re Fitch Drain No. 129, ante, 81. The result decision reached on that occasion — that the appeal of November 12, 1954, should not be dismissed—led to due assignment of the case for determination of merits. We now undertake the latter task.

As noted in the respective opinions released June 4, 1956, Circuit Judge Leonard D. Yerdier ruled by written opinion that the writ of certiorari, issued below, should be quashed. All of the material questions raised in the petition for writ of certiorari were fully covered and answered in Judge Yerdier’s…