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SOUTHERN PAC. R. CO. v. UNITED STATES

No. 6387.

51 F.2d 873 (1931)

SOUTHERN PAC. R. CO. et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied September 14, 1931.

Attorney(s) appearing for the Case

Frank Thunen, of San Francisco, Cal., for appellants.

Samuel W. McNabb, U. S. Atty., and Ignatius F. Parker and Lewis M. Andrews, Asst. U. S. Attys., all of Los Angeles, Cal.

Before WILBUR and SAWTELLE, Circuit Judges, and ST. SURE, District Judge.

WILBUR, Circuit Judge:

This is an appeal from a decree [(D. C.) 43 F.2d 591] vacating a patent issued in January, 1921, to the appellants by the United States government to the east one-half of the northeast one-quarter of section 35, Township 3 south, range 10 east, S. B. & M., an 80-acre tract in Riverside county, Cal. The trial court found that the patent therefor was issued inadvertently and through the error of a clerk in...

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