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UNITED STATES v. SOUTHERN PAC. R. CO.

No. 97.

11 F.2d 546 (1926)

UNITED STATES v. SOUTHERN PAC. R. CO. et al.

District Court, S. D. California, S. D.

March 3, 1926.

Attorney(s) appearing for the Case

Joseph C. Burke, U. S. Dist. Atty., of Los Angeles, Cal., and George A. H. Fraser, Sp. Asst. Atty. Gen.

Frank Thunen, of San Francisco, Cal., for defendants Southern Pac. R. Co., Southern Pacific Land Co., Central Trust Co. of New York, Equitable Trust Co. of New York, Homer S. King, and James K. Wilson.

Joline, Larkin & Rathbone, of New York City, for Central Union Trust Co. of New York (sued herein as Central Trust Co. of New York).

Murray, Prentice & Howland, of New York City, for Equitable Trust Co. of New York.

Arvin B. Shaw, Jr., and I. W. Stewart, both of Los Angeles, Cal., for defendant Sugar Lime Rock Co.

JAMES, District Judge.

This is an action in equity to cancel a patent to land described as section 13 in township 11 north, range 6 east S. B. B. & M. Damages are also prayed for. Patent was issued to Southern Pacific Railroad Company pursuant to the provisions of the act of grant of July 27, 1866 (14 Stat. 292). The Southern Pacific Land Company holds legal title to the land covered by the patent. The land company is of the same ownership as the Southern Pacific...

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