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FILCHER v. UNITED STATES

No. 4535.

7 F.2d 519 (1925)

FILCHER et al. v. UNITED STATES et al.

Circuit Court of Appeals, Ninth Circuit.

August 24, 1925.

Attorney(s) appearing for the Case

M. M. Duncan, of Virginia City, Mont., and E. B. Howell, of Butte, Mont., for appellants.

Grafton Mason, of St. Paul, Minn., and M. S. Gunn, Carl Rasch, and E. M. Hall, all of Helena, Mont., for appellees Northern Pac. Ry. Co. and others.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

GILBERT, Circuit Judge (after stating the facts as above).

The Act of February 26, 1895 (28 Stat. 683), created a special tribunal to examine and classify as mineral or nonmineral the odd-numbered sections of the land grant to the Northern Pacific Railroad Company in Montana and Idaho, the surveyed lands to be described by legal subdivisions, the unsurveyed lands to be designated by "such natural or artificial boundaries to identify them, as the commissioners may...

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