McDERMOTT, Circuit Judge.
This is the fourth appearance in appellate courts of a controversy over 5,564.28 acres of coal land in Carbon county, Utah, the original litigation having been commenced on January 7, 1907. The earlier cases are Milner v. United States (C. C. A. 8) 228 F. 431, appeal dismissed, 248 U.S. 594, 39 S.Ct. 132, 63 L. Ed. 437; United States v. Carbon County Land Company (C. C. A. 8)
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