v0850-647

5

No. 2357.

IN THE

United States

Circuit Court of Appeals

FOR THE NINTH CIRCUIT.

Perns Irrigation District,

Plaintiff in Error,

vs.

Conrad Escher and Louis Rahn,

co-partners doing business as

Escher & Rahn,

Defendants in Error.

BRIEF OF PLAINTIFF IN ERROR.

Statement of the Case.

This action was commenced on December 28th, 1905,

by the filing of the complaint in the office of the clerk

of the Circuit Court of the United States, Ninth Cir-

cuit, Southern District of California, Southern Di-

vision. On December 28th, 1906, an amended com-

plaint was filed, verified by Oscar C. Mueller as attor-

ney for the plaintiffs, and on the same day a summons

was signed and sealed by the clerk of the court. In

this case an affidavit by Oscar C. Mueller is in the

record Transcript, p. 57, in which it is stated that

this action was commenced December, 1904, and sum-

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