Lorber

This case was here before, and we filed our opinion and decision upon the 16th of April, 1942. Lorber et al. v. Vista Irr. Dist., 9 Cir., 127 F.2d 628, 638 . Therein we expressed our opinion upon the several issues in the case excepting two only and remanded as to such issues. For an understanding of the principal issue now before this court we quote from the district judge’s comment upon calling the case after remand.

“The Court: In its opinion, the Circuit Court of Appeals used this language referring to the language that is found in the advance copy of the opinion on page 20 £127 F.2d 639], which I quote:

Evidence both oral and documentary was received by the court, and the court made nine separate paragraphs of additional findings of fact, the ninth [IX] paragraph thereof being as follows:

All of the other eight paragraphs of findings relate to facts which, in the court’s opinion support the finding of paragraph IX.

Appellants present five points upon appeal, and we shall consider them in the order of their presentation in the appellants’ opening brief.

Point I.

This point refers to an amendment made by the trial court after remand in clarification of the original…