Sain v. Montana Power Co.

DENMAN, Circuit Judge.

This is an appeal by the-plaint .ffs from a final decree in equity -dismissing a bill of complaint charging unlawful interference with plaintiffs’ water rights, on the ground of failure of jurisdiction in the United States District Court. The dismissal by ihe court below was sua sponte, neither party presenting to it the question, the decision of which disposed of the controversy in that tribunal.

The complaint was.brought by several citizens of the state of Montana against the defendant power company, a corpo ration of New Jersey. The adequate jurisdictional amount was…