NORTHERN MINING & TRADING CO. v. ALASKA GOLD RECOVERY CO.

No. 5305.

25 F.2d 106 (1928)

NORTHERN MINING & TRADING CO. v. ALASKA GOLD RECOVERY CO. et al.

Circuit Court of Appeals, Ninth Circuit.

March 30, 1928.


Attorney(s) appearing for the Case

Thomas R. Lyons and Ira D. Orton, both of Seattle, Wash., for plaintiff in error.

Geo. D. Schofield, of Nome, Alaska, for defendants in error.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.


RUDKIN, Circuit Judge.

This case was before us on a former appeal and writ of error, where a full statement of the facts will be found. Northern Mining & Trading Co. v. Alaska Gold Recovery Co., 20 F.2d 5. On the former review we held that the purpose for which the property was sought to be taken was not authorized by law, saying:

"It is quite manifest to us that these statutes do not authorize the taking of private property...

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