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Legal Opinion

Balabanoff v. Kellogg

Court of Appeals for the Ninth Circuit

Decided December 10, 1940No. 9419PublishedCited by 6 opinions

1Opinion of the Court

HEALY, Circuit Judge.

Appellees (here for convenience called the Company) sued to enjoin appellant from diverting the waters of Nugget creek in Yentna mining district, Alaska, and from trespassing upon a ditch alleged to be the property of the Company. From a decree in the Company’s favor this appeal is prosecuted.

The complaint contains in substance the following averments: — The Company owns placer claims on and adjacent to Nugget creek. It is engaged in hydraulic mining on certain of these claims and is using the waters of the stream in its operations. The diversion is accomplished through a…

2Cases cited1 opinion

  1. Van Dyke v. Midnight Sun Mining & Ditch Co.Court of Appeals for the Ninth Circuit · 1910

3Cited by6 opinions

  1. Purofied Down Products Corp. v. Travelers Fire Insurance CompanyCourt of Appeals for the Second Circuit · 1960
  2. Shelley v. Union Oil Co. Of CaliforniaCourt of Appeals for the Ninth Circuit · 1953
  3. Paxton v. McDonaldArizona Supreme Court · 1951
  4. Geist v. O'ConnorDistrict Court, D. Alaska · 1950
  5. Merrick v. HomerDistrict Court, D. Alaska · 1949

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