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McCARTHY v. BLOEDEL DONOVAN LUMBER MILLS

No. 5933.

39 F.2d 34 (1930)

McCARTHY et al. v. BLOEDEL DONOVAN LUMBER MILLS.

Circuit Court of Appeals, Ninth Circuit.

March 24, 1930.

Attorney(s) appearing for the Case

Joseph McCarthy, of Spokane, Wash., for appellants.

E. S. McCord, Sr., Millard P. Thomas, and Kerr, McCord & Ivey, all of Seattle, Wash., for appellee.

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

DIETRICH, Circuit Judge.

Appellee is the owner of large tracts of timber in Western Washington which it is engaged in logging. For that purpose it constructed and now operates a private logging railroad extending southerly from the seaboard at Clallam Bay to some of its lands. To reach additional holdings it plans to extend this road, and will need a right of way which in part lies across lands belonging to appellants. Not being able to acquire the right by contract...

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