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UNITED STATES v. BIG HORN LAND & CATTLE CO.

No. 7141.

17 F.2d 357 (1927)

UNITED STATES v. BIG HORN LAND & CATTLE CO.

Circuit Court of Appeals, Eighth Circuit.

January 17, 1927.

Attorney(s) appearing for the Case

Ivor O. Wingren, Asst. U. S. Atty., of Denver, Colo. (George Stephan, U. S. Atty., of Denver, Colo., on the brief, and W. J. Ise, of Denver, Colo., of counsel), for the United States.

Robert L. Stearns, of Denver, Colo. (Mason A. Lewis and James B. Grant, both of Denver, Colo., and Frank L. Moorhead, of Boulder, Colo., on the brief), for appellee.

Before KENYON, Circuit Judge, and SCOTT and SANBORN, District Judges.

SCOTT, District Judge.

The United States, as plaintiff, brought this suit against the Big Horn Land & Cattle Company, a Colorado corporation, to obtain a decree of forfeiture of a right of way through public lands for an irrigation ditch and reservoir, acquired by the defendant as grantee of one William Marr, who acquired the right under the Act of Congress approved March 3, 1891 (26 Stat. 1095). By the allegations of plaintiff's bill it is made to appear:

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