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MACK COPPER CO. v. UNITED STATES

No. 5390.

26 F.2d 664 (1928)

MACK COPPER CO. et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

June 4, 1928.

Attorney(s) appearing for the Case

William H. Wylie and Edgar E. Hendee, both of San Diego, Cal. (John W. Clifton, of Washington, D. C., and A. C. Routhe, of Los Angeles, Cal., of counsel), for appellants.

Samuel W. McNabb, U. S. Atty., and John R. Layng, Asst. U. S. Atty., both of Los Angeles, Cal.

Before RUDKIN, DIETRICH, and HUNT, Circuit Judges.

DIETRICH, Circuit Judge.

The question involved is one of jurisdiction in equity. In 1917 the government by lease obtained possession for cantonment purposes of certain lands near San Diego, Cal., belonging to the Mack Copper Company, and by it mortgaged to the Sam Ferry Smith Company. Acting under this lease and others of like character upon adjacent tracts, it established there what came to be known as Camp Kearney. By its terms the lease ran for the period from...

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