Appeal from the District Court of the United States for the District of Oregon; Robert S. Bean, judge.

Suit by the Pacific i,ive Stock Company against the Warm Springs Irrigation District and others. From a decree in favor of plaintiff, defendants appeal.

On January 30, 1920, the appellee filed in the court below its bill against the appellants setting forth the judgment that had been entered in the same court on November 22, 1919, in the condemnation suit brought by the Warm Springs irrigation district, which judgment on writ ox error this court has just reviewed (270 'Fed. 555), and alleging that the right acquired by the irrigation district in said suit was ;>n easement only over said land, and that the judgment gave the district no right or title to the property other than the right to flood the same for reservoir purposes, whereas the said district churned to own a!l the improvements on said land and the fee-simple title thereto, and the right to demise and lease; said land. The appellee alleged further that the appellants were about to remove said improvements and to use the premises for their own use and benefit; that during a large part of the year a considerable portion of said land will not be flooded by the. witters of the reservoir and a large amount of valuable feed and pasture will grow thereon which can be used by the. appellee without interfering with the easement of the irrigation district. The answer of the appellants put in issue the claim of the appellee to rights in the premises, and alleged that the judgment in the condemnation suit gave to the irrigation district all the lands described therein in fee simple, and that the district in the exercise of that right had leased to the appellant Stanfield the lands lying above ihe water line of the reservoir. The court below sustained the appellee’s contention as to the construction to bo placed on the judgment in the condemnation suit and granted an injunction as prayed for.