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INDEPENDENT COAL CO. v. U.S.

No. 300.

274 U.S. 640 (1927)

INDEPENDENT COAL & COKE COMPANY ET AL. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided May 31, 1927.

Attorney(s) appearing for the Case

Mr. Mahlon E. Wilson, with whom Messrs. William D. Riter and Albert R. Barnes were on the brief, for petitioner Independent Coal & Coke Co.

Mr. Frank K. Nebeker, with whom Mr. Samuel A. King was on the brief, for petitioner Carbon County Land Co.

Mr. Alfred A. Wheat, Special Assistant to the Attorney General, with whom Solicitor General Mitchell and Mr. Randolph S. Collins, Attorney in the Department of Justice, were on the brief, for the United States.

Messrs. Harvey H. Cluff, Attorney General of Utah, and W. Halverson Farr, Assistant Attorney General, filed a brief as amici curiae on behalf of the State of Utah, by special leave of Court.

MR. JUSTICE STONE delivered the opinion of the Court.

This is a second suit by the United States, and is in aid of the first, for the restoration to the government of some fifty-five hundred acres of public lands located in Utah, title to which was procured by a fraud perpetrated upon the land officers of the United States. The first suit, which resulted in a judgment for the government (affirmed 228 Fed. 431), was predicated upon the following circumstances.

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