Legal Opinion

United States ex rel. Tongue & Yellowstone River Irr. Dist. v. United States Dist. Court for Dist. of Montana

Court of Appeals for the Ninth Circuit

Decided May 2, 1921No. 3583PublishedCited by 5 opinions

Original petition for mandamus by the United States of America, on relation of the Tongue & Yellowstone River Irrigation District and others, against the United States District Court for the District of Montana and Hon. George Ml Bourquin.

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Original petition for mandamus by the United States of America, on relation of the Tongue & Yellowstone River Irrigation District and others, against the United States District Court for the District of Montana and Hon. George Ml Bourquin. The relators filed a petition in this court for a writ of mandamus to the Judge of the District Court of Montana, with directions to correct the entry of a judgment made upon the mandate of this court, so as to comply with said mandate as sent down in the case of Tongue & Yellowstone River Irr. Dist. v. Jordan, 208 Fed. 261. The case which we there heard on…

1Opinion of the CourtGiubert, Circuit Judge

(after stating the facts as above). [1] It is the contention of the relators that the District Court by its order of July 28, 1920, did change, amend, and modify the decretal parts of the final decree which was affirmed by this court. Referring lo the original contract between the parties, we find that it provided that, if the purchase price be paid in bonds, “the bonds are to be received by the party of the first part at par value and accrued interest at the time of delivery.” The contract also provided that the irrigation district might retain a sufficient number of the bonds necessary to…

2Cases cited13 opinions

  1. In Re Sanford Fork & Tool Co.Supreme Court of the United States · 1895
  2. In Re PottsSupreme Court of the United States · 1897
  3. In Re Washington & Georgetown RailroadSupreme Court of the United States · 1891
  4. Boyce's Executors v. GrundySupreme Court of the United States · 1835
  5. City Bank of Fort Worth v. HunterSupreme Court of the United States · 1894

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3Cited by5 opinions

  1. United States v. Pan-American Petroleum Co.District Court, S.D. California · 1927
  2. Clarke v. Hot Springs Electric Light & Power Co.Court of Appeals for the Tenth Circuit · 1935
  3. Cheston v. IgoeCourt of Appeals for the Seventh Circuit · 1947
  4. Amerada Hess Corp. v. CommissionerUnited States Tax Court · 1976
  5. Amerada Hess Corp. v. CommissionerUnited States Tax Court · 1976

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