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UNITED STATES v. NORTHERN PAC. RY. CO.

No. 93.

1 F.2d 53 (1924)

UNITED STATES (JONES et al., Interveners) v. NORTHERN PAC. RY. CO. et al.

District Court, D. Montana.

July 21, 1924.

Attorney(s) appearing for the Case

John L. Slattery, U. S. Atty., of Helena, Mont., and B. F. L. Heron, of Denver, Colo., for the United States.

George F. Shelton, of Butte, Mont., for intervener Jones.

M. M. Duncan and Edgar P. Reid, both of Virginia City, Mont., and E. B. Howell, of Butte, Mont., for interveners Filcher and Schmidt.

Walker & Walker, of Butte, Mont., and Gunn, Rasch & Hall, of Helena, Mont., for defendants.

BOURQUIN, District Judge.

In this suit to partially cancel a land patent, perhaps without precedent and with consent of both parties, certain interveners, claiming superior right to the land, are admitted to joinder with the plaintiff, United States, and make common cause with it. The facts material to the decision are that the land is part of section 9, township 1 south, range 4 west, Montana, and within the primary limits of the grant of 1864 (13 Stat. 365) to defendant...

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