Legal Opinion

Columbia River Packers' Ass'n v. McGowan

Court of Appeals for the Ninth Circuit

Decided November 16, 1914No. 2396PublishedCited by 10 opinions

Appeal from the District Court of the United States for the Southern Division of the Western District of Washington; Edward E. Cushman, Judge. _ _ Suit in equity by the Columbia River Packers’ Association against H. S. McGowan, Erick Lindstrom, and J. P. Coyle. Decree for defendants, and complainant appeals.

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Appeal from the District Court of the United States for the Southern Division of the Western District of Washington; Edward E. Cushman, Judge. _ _ Suit in equity by the Columbia River Packers’ Association against H. S. McGowan, Erick Lindstrom, and J. P. Coyle. Decree for defendants, and complainant appeals. Suit in equity by the appellant (plaintiff in the court below) against the appellees (defendants in the court below) for an injunction, enjoining and restraining the appellees from placing obstructions in any of the waters of the Columbia river in front of or adjoining two certain fishing…

1Opinion of the CourtMorrow, Circuit Judge

(after stating the facts as above). There, are three questions relating to the jurisdiction of the lower court involved in this case:

First. Is Sand Island, with its south shore or tide lands on that shore, within the territorial limits and jurisdiction of the state of Washington ?

If this question is answered in the negative, the next question is:

Second. Is the land under the waters of the Columbia river passing to the south of Sand Island within the concurrent jurisdiction of the courts of the state of Washington with respect to this controversy?

If this question is answered in the negative,…

2Cases cited7 opinions

  1. Mississippi & Missouri Railroad v. WardSupreme Court of the United States · 1863
  2. Nielsen v. OregonSupreme Court of the United States · 1909
  3. Northern Indiana Railroad Co. v. MICHIGAN CENT. RD. CO.Supreme Court of the United States · 1854
  4. California Development Co. v. New Liverpool Salt Co.Court of Appeals for the Ninth Circuit · 1909
  5. Washington v. OregonSupreme Court of the United States · 1908

2 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. McGowan v. Columbia River Packers' Assn.Supreme Court of the United States · 1917
  2. Eldee-K Rental Properties, LLC v. Directv, Inc.Court of Appeals for the Ninth Circuit · 2014
  3. Primos Chemical Co. v. Fulton Steel Corp.District Court, N.D. New York · 1918
  4. Prawoto v. PrimeLendingDistrict Court, C.D. California · 2010
  5. Equitable Trust Co. v. Washington-Idaho Water, Light & Power Co.District Court, E.D. Washington · 1924

5 more not listed; retrieve them via the Exa API.

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