Snug Harbor Packing Co. v. Miller

FOLTA, District Judge.

The original parties to this suit occupied the opposite roles in Miller v. Snug Harbor Packing Co., D.C., 121 F. Supp. 939. There the defendant in the instant case sought to enjoin the present plaintiff from continuing -the construction of its fish trap in a manner which allegedly would interfere with or prevent the construction of its fish trap. The court held that under the doctrine of Canoe Pass Packing Co. v. U. S., 9 Cir., 270 F. 533, the right to fish did not accrue until the opening of the season and that therefore the only right which can be interfered with…