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UNITED STATES v. MAYSE

No. 4320.

5 F.2d 885 (1925)

UNITED STATES v. MAYSE. LEATHERMAN et al. v. SAME.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 29, 1925.

Attorney(s) appearing for the Case

S. W. Williams, Sp. Asst. Atty. Gen., for the United States.

Bennett & Swanton, of Marshfield, Or., and Wilson & Reilly, of Portland, Or., for appellants Leatherman and Parry.

L. A. Liljeqvist, of Portland, Or., and J. J. Stanley, of Coquille, Or., for appellee Mayse.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

RUDKIN, Circuit Judge.

By the Act of March 3, 1869 (15 Stat. 340), the United States granted to the state of Oregon, to aid in the construction of a military wagon road from the navigable waters of Coos Bay to Roseburg, alternate sections of public lands, designated by odd numbers, to the extent of three sections in width on each side of said road, the granting act providing: "That the grant of lands hereby made shall be upon the condition that the lands shall be...

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