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PROCTOR v. PAINTER

No. 4703.

15 F.2d 974 (1926)

PROCTOR v. PAINTER et al.

Circuit Court of Appeals, Ninth Circuit.

November 15, 1926.

Attorney(s) appearing for the Case

F. C. Reagan, of Seattle, Wash., for appellant.

George Donworth, Elmer E. Todd, Frank E. Holman, and Charles T. Donworth, all of Seattle, Wash., for appellee Elk Coal Co.

Before RUDKIN, Circuit Judge, and DIETRICH and KERRIGAN, District Judges.

RUDKIN, Circuit Judge.

March 27, 1917, the plaintiff in this suit filed his coal declaratory statement for the northeast quarter of section 34, township 22 north, range 7 east W. M. May 14, 1919, the Department of the Interior denied his application to purchase. March 24, 1920, the appellee Painter received a patent from the United States for the south half of the quarter section in question, and other lands, under the Act...

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