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NORTHERN PACIFIC RAILWAY v. MYERS

No. 214.

172 U.S. 589 (1899)

NORTHERN PACIFIC RAILWAY COMPANY v. MYERS.

Supreme Court of United States.

Decided January 23, 1899.

Attorney(s) appearing for the Case

Mr. C.W. Bunn and Mr. A.B. Browne for appellant. Mr. A.T. Britton was on their brief.

Mr. C.B. Nolan, Attorney General of the State of Montana, for appellee.

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

The averments in the bill of complaint and the stipulation of facts show a controversy between the railroad company and the Interior Department as to the character of the lands, whether mineral or non-mineral, taxed by the State of Montana, and the company avers "that at the time of said attempted assessments and tax levies said lands ... had...

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