Johnston

The above styled and numbered companion eases were before us at the last term of this eourt on appeal from the District Court of the United States for the District of Montana. The controversy involved the validity of assessments and charges against white owners of former Indian allotments within the limits of the Flathead Reclamation Project in Montana, for construction, operation, and maintenance of said project. The lower court entered a decree in favor of the plaintiffs, owners of the land. Scheer v. Moody (D. C.) 48 F.(2d) 327 . On July 27, 1933, this eourt reversed the decree so entered, with directions to dismiss the bill of complaint for want of necessary party or parties.

The appellees petitioned for a rehearing or modification of the order directing the dismissal of the action. We quote from the prayer of the petition for rehearing as follows :

In order to understand the significance of this prayer, which was granted in part by the court in the order denying rehearing, it will be necessary to state more fully the contents of the petition for rehearing. First, it is stated that the appellees do not intend to controvert the decision of the court with reference to the…