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UNITED STATES v. PRICE

No. 1964.

111 F.2d 206 (1940)

UNITED STATES v. PRICE et al.

Circuit Court of Appeals, Tenth Circuit.

April 8, 1940.

Attorney(s) appearing for the Case

Robert H. Fabian, of Washington, D. C. (Norman M. Littell, Asst. Atty. Gen., William D. Donnelly, Sp. Asst. to the Atty. Gen., and Charles R. Denny, Jr., of Washington, D. C., on the brief), for appellant.

Carl H. Gilbert, of Santa Fe, N. M., and William C. Liedtke, of Tulsa, Okl. (M. W. Hamilton, of Santa Fe, N. M., James B. Diggs, Russell G. Lowe, Redmund S. Cole, C. L. Billings, and James B. Diggs, Jr., all of Tulsa, Okl., and J. D. Atwood and R. L. Malone, Jr., both of Roswell, N. M., on the brief), for appellees.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

BRATTON, Circuit Judge.

This is a suit instituted by the United States in January, 1939, against Charles H. Price, Sidney C. Walker and Charles Alves, as trustees, and The Gulf Oil Corporation. It was alleged in the complaint that in December, 1918, Winfred J. May made additional stock-raising homestead entry under the Act of December 29, 1916, 39 Stat. 862, 43 U.S.C.A. § 291 et seq., upon 320 acres of land located in New Mexico; that under such act the entryman...

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