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UNITED STATES v. DENVER & R. G. W. R. CO.

No. 6986.

16 F.2d 374 (1926)

UNITED STATES v. DENVER & R. G. W. R. CO. et al.

Circuit Court of Appeals, Eighth Circuit.

November 19, 1926.

Attorney(s) appearing for the Case

Charles M. Morris, U. S. Atty., of Salt Lake City, Utah (S. W. Williams, Sp. Asst. Atty. Gen., on the brief), for appellant.

P. T. Farnsworth, Jr., of Salt Lake City, Utah (Waldemar Van Cott, of Salt Lake City, Utah, and Henry McAllister and Elroy N. Clark, both of Denver, Colo., on the brief), for appellees.

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

MUNGER, District Judge.

The United States brought a suit in equity seeking a forfeiture because of nonuser of a right of way claimed by the Denver & Rio Grande Western Railroad Company over portions of the public lands. From a decree in favor of the defendants, the United States has appealed. By an Act of Congress approved March 3, 1875 (18 Stat. 482; Comp. Stats. 1918, §§ 4921-4926), a right of way was granted to railway companies over portions of the...

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