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BARNES v. SOUTHERN PAC. CO.

No. 4851.

16 F.2d 100 (1926)

BARNES et al. v. SOUTHERN PAC. CO. MULVIHILL et al. v. SOUTHERN PAC. CO. et al.

Circuit Court of Appeals, Ninth Circuit.

November 22, 1926.

Attorney(s) appearing for the Case

Gurney E. Newlin and A. W. Ashburn, both of Los Angeles, Cal., for plaintiffs in error.

Frank Thunen, of San Francisco, Cal., and W. D. Gilbert, of Los Angeles, Cal., for defendants in error.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

HUNT, Circuit Judge.

The history of these actions may be gathered from the statement in Barnes et al. v. Southern Pacific Co., 300 F. 481. In that action the Southern Pacific Company sought to recover from the defendants exclusive possession of certain parcels of land described as part of the railroad right of way of 200 feet in width, granted by Act of Congress approved March 3, 1871 (16 Stat. 573). Barnes and wife pleaded abandonment prior to the time of making...

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