Legal Opinion
Beatrice M. MacOmber v. James Bose and Ethyl Joyce Bose
Court of Appeals for the Ninth Circuit
Decided October 4, 1968No. 22020PublishedCited by 17 opinions
1Opinion of the Court
MERRILL, Circuit Judge.
The parties are, respectively, owners of real property within the boundaries of Glacier National Park in Montana and, in this suit, dispute their respective rights to divert water from a nearby stream. The question on appeal is whether such a dispute concerning property so located gives rise to federal jurisdiction.
The complaint purports to be filed under 28 U.S.C. § 1331, alleging that the rights in issue arise under federal law and exceed $10,000 in value. The District Court concluded that the case was controlled by state law and dismissed for lack of jurisdiction. In…
2Cases cited6 opinions
- Fort Leavenworth Railroad v. LoweSupreme Court of the United States · 1885
- James Stewart & Co. v. SadrakulaSupreme Court of the United States · 1940
- Collins v. Yosemite Park & Curry Co.Supreme Court of the United States · 1938
- Mater v. HolleyCourt of Appeals for the Fifth Circuit · 1952
- Capetola v. Barclay White Co.Court of Appeals for the Third Circuit · 1943
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Kenneth Lake v. Ohana Military CommunitiesCourt of Appeals for the Ninth Circuit · 2021
- Celli v. ShoellCourt of Appeals for the Tenth Circuit · 1994
- Celli v. ShoellCourt of Appeals for the Tenth Circuit · 1994
- Quadrini v. Sikorsky Aircraft Division, United Aircraft Corp.District Court, D. Connecticut · 1977
- Dunn-McCampbell Royalty Interest, Inc. v. National Park ServiceCourt of Appeals for the Fifth Circuit · 2011
12 more not listed; retrieve them via the Exa API.