Nolander

Nolander v. Butte Valley Irr. Dist.

Good Law
132 F.2d 704·1942 U.S. App. LEXIS 2663
United States Court of Appeals for the Ninth CircuitDecember 31, 1942No. 10139California839 words

Opinion

Lead Opinion

Denman, J.

This is an appeal from a final decree in a proceeding under Chapter IX of the Bankruptcy Act, 11 U.S.C. §§ 401-404 , 11 U.S.C.A. §§ 401-404 , for the composition of the indebtedness of the appellee, an irrigation district created under the California Irrigation District Act of the State of California, Cal.Stat.1897, p. 254, as amended, Deering’s General Laws, Act 3854.

A. Appellant contends that the final decree is an interference with the political and governmental duties and powers of the district. Appellant concedes this contention has been decided against him by our decision in Mason v. Merced Irrigation District, 9 Cir., 126 F.2d 920 , and Mason v. Anderson-Cottonwood Irrigation District, 9 Cir., 126 F.2d 921 , on both of which certiorari has been denied. 63 S.Ct. 38 , 87 L.Ed. —; 316 U.S. 697 , 62 S.Ct. 1293 , 86 L.Ed. 1767 .

B. Appellant contends that the district court erred in its decree enjoining the bondholders from asserting any claims against the land within the district or its land owners after the entry of the decree. The provision complained of is “(c) That all the old bonds and other obligations of the petitioning district affected by the plan of composition…

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