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SALT LAKE INV. CO. v. OREGON SHORT LINE

No. 29.

246 U.S. 446 (1918)

SALT LAKE INVESTMENT COMPANY v. OREGON SHORT LINE RAILROAD COMPANY.

Supreme Court of United States.

Decided April 15, 1918.

Attorney(s) appearing for the Case

Mr. W.H. King, with whom Mr. M.E. Wilson and Mr. E.A. Walton were on the briefs, for plaintiff in error.

Mr. Henry W. Clark, with whom Mr. George H. Smith and Mr. H.B. Thompson were on the brief, for defendant in error.

MR. JUSTICE VAN DEVANTER delivered the opinion of the court.

A small parcel of land in Utah is here the subject of conflicting claims — one under a patent to Malcolm Macduff issued under the pre-emption act, c. 16, 5 Stat. 453, and the other under an act, c. 2, 16 Stat. 395, granting a right of way "through the public lands" to the Utah Central Railroad Company. The court below sustained the latter claim, 46 Utah....

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