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McCOY v. PACIFIC SPRUCE CORPORATION

No. 4295.

1 F.2d 853 (1924)

McCOY et al. v. PACIFIC SPRUCE CORPORATION.

Circuit Court of Appeals, Ninth Circuit.

October 20, 1924.

Attorney(s) appearing for the Case

I. H. Van Winkle and Wm. P. Ellis, both of Salem, Or., and L. A. Liljeqvist, of Portland, Or., for appellants.

McCamant & Thompson, and Ralph H. King, all of Portland, Or., for appellee.

Before HUNT and RUDKIN, Circuit Judges, and BOURQUIN, District Judge.

RUDKIN, Circuit Judge.

There is no controversy over the facts in this case. Prior to the 10th day of October, 1918, the United States, through its authorized officers and representatives, constructed, in large measure, a railroad extending from Yaquina Bay, near South Beach, to the town of Waldport and for a distance of about 7½ miles beyond, in the state of Oregon. The railroad was constructed as a war measure, to aid in spruce production for war purposes. Later...

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