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UNITED STATES v. DES MOINES &C. COMPANY

No. 987.

142 U.S. 510 (1892)

UNITED STATES v. DES MOINES NAVIGATION AND RAILWAY COMPANY.

Supreme Court of United States.

Decided January 11, 1892.

Attorney(s) appearing for the Case

Mr. Attorney General for the United States, appellant.

Mr. C.H. Gatch for all the appellees except the Des Moines Navigation and Railway Company. Mr. William Connor was with him on the brief.

Mr. Benton J. Hall for the Des Moines Navigation and Railway Company, appellee. Mr. Frank T. Brown was with him on the brief.

Mr. John Y. Stone for appellant. Mr. D.C. Chase also filed a brief for same.

MR. JUSTICE BREWER, after stating the case, delivered the opinion of the court.

Prior to the decision of this court in Dubuque &c. Railroad Co. v. Litchfield, 23 How. 66, which decision was announced in 1860, it was a disputed question whether the grant extended above the Raccoon Fork. The opinions and rulings of the executive officers of the government were conflicting; and it is not strange that many settled...

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