United States v. Robert Albrecht and Marion Albrecht

GIBSON, Circuit Judge.

In this equitable action, the District Court 1 ordered Robert and Marion Albrecht, the defendants, to restore drainage ditches on their land and permanently enjoined them from draining any potholes on the same land. We affirm the District Court.

Defendant, Robert Albrecht, has farmed in northeastern North Dakota for 23 years, the latest 14 years in the Alsen area, the location of his farm, part of which contained the disputed ditched land in this case. From 1960-67, the Albrechts leased farm lands from Reinhart and Mary Herbel, the parents of Mrs. Albrecht. On September…