McGowan

Columbia River Packers' Ass'n v. McGowan

Good Law
133 C.C.A. 190·217 F. 196·1914 U.S. App. LEXIS 1424
United States Court of Appeals for the Ninth CircuitOctober 13, 1914No. 2396California1,841 words

Opinion

lead Opinion

Morrow, J.

On August 11, 1908, the appellant filed in the court below its amended complaint, wherein it asked for an injunction to enjoin and restrain the appellees, and Walter Bussey and I. N. Stensland, from placing in any of the waters of the Columbia river in front of or adjacent to three certain fishing sites, on Sand Island, alleged in the bill to belong to the appellant, or from maintaining in front of its premises in such waters, any obstruction whatever, and particularly the obstructions alleged in the bill to have been maintained there by the appellees, and from any interference with the free and uninterrupted ingress to and egress from such premises. A restaining order was granted by the court below, and the appellant was required to furnish a bond in the sum of $2,000, and subsequently an additional bond in the sum of $10,000. On each of these bonds the United States Fidelity & Guaranty Company became surety, “to pay all damages and costs which may accrue to the defendants by reason of said injunction or restraining order, not exceeding” the sum named in the bond. Answers and cross-complaints were filed by the appellees McGowan, Lindstrom, and Coyle (the defendants Walter Bussey…

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