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UNITED STATES v. AMALGAMATED SUGAR CO.

No. 39.

48 F.2d 156 (1931)

UNITED STATES v. AMALGAMATED SUGAR CO. et al.

Circuit Court of Appeals, Tenth Circuit.

March 5, 1931.

Attorney(s) appearing for the Case

Charles R. Hollingsworth, U. S. Atty., of Salt Lake City, Utah (Seth W. Richardson, Asst. Atty. Gen., and Nat M. Lacy, Sp. Asst. to Atty. Gen., on the brief), for the United States.

Emmett M. Bagley, of Salt Lake City, Utah (Robert L. Judd and Paul H. Ray, both of Salt Lake City, Utah, and T. H. Devine, of Pueblo, Colo., on the brief), for appellee Amalgamated Sugar Co.

Before LEWIS, COTTERAL, and McDERMOTT, Circuit Judges.

LEWIS, Circuit Judge.

This is an appeal from an order of June 30, 1928 dismissing appellant's amended bill of complaint, brought to recover eighty acres of land in Utah which had been certified to that state by the Secretary of the Interior and the Commissioner of the Land Office under sections 12 and 13 of Act of July 16, 1894 (28 Stats. 110). The amended bill alleged that Godfrey Fuhriman, now deceased, and Ferdinand Zollinger, Jr., with others whose names are unknown...

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