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UNITED STATES v. SWOPE

No. 7247.

16 F.2d 215 (1926)

UNITED STATES v. SWOPE, State Commissioner of Public Lands, et al.

Circuit Court of Appeals, Eighth Circuit.

November 27, 1926.

Attorney(s) appearing for the Case

John W. Wilson, U. S. Atty., of Albuquerque, N. M. (H. S. Bowman, Asst. U. S. Atty., of Santa Fé, N. M., on the brief), for the United States.

Sam G. Bratton, of Santa Fé, N. M. (Fred E. Wilson, of Albuquerque, N. M., and William A. Gillenwater, of Clovis, N. M., on the brief), for appellees.

Before LEWIS, Circuit Judge, and MUNGER and FARIS, District Judges.

MUNGER, District Judge.

This is an appeal from a decree denying the plaintiff's application for a permanent injunction. The United States, as plaintiff, brought a suit, alleging that the United States had granted to New Mexico a large quantity of the public lands, in trust for designated purposes, and that the defendants, as state officers, were making expenditures, in violation of the trust, out of the funds derived from these lands. The defendants admitted the expenditures...

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