J. Rupert Mason v. Summer Lake Irrigation District and Pueblo Trading Co.

The appellant appeals from a decree of the District Court which was entered January 23, 1953, and urges as grounds therefor points and contentions which were heard and disposed of in West Coast Life Ins. Co. v. Merced Irr. Dist., 9 Cir., 114 F.2d 654 ; Thomas v. El Dorado Irr. Dist., 9 Cir., 126 F.2d 922 ; Mason v. El Dorado Irr. Dist., 9 Cir., 144 F.2d 189 ; Mason v. Banta Carbona Irr. Dist., 9 Cir., 149 F.2d 49 ; United States v. Bekins, 304 U.S. 27 , 58 S.Ct. 811 , 82 L.Ed. 1137 ; and Mason v. Paradise Irr. Dist., 326 U.S. 536 , 66 S.Ct. 290 , 90 L.Ed. 287 . No new points or contentions are present here. The same appellant was the Mason named in three of the cases cited.

Upon the authority of these cases, the decision and judgment of the District Court is affirmed.

Indeed, the appeal is so unsubstantial and frivolous as to suggest that it was taken merely for delay. The court has seriously considered awarding damages against the appellant for the delay, as provided in Title 28 U.S.C.A. § 1912 . Cf. Slaker v. O’Connor, 278 U.S. 188, 191 , 49 S.Ct. 158 , 73 L.Ed. 258 ; In re Midland United Co., 3 Cir., 141 F.2d 692 ; Massachusetts Bonding & Insurance Co. v. Feutz, 8 Cir., 182…