UNITED STATES v. OREGON SHORT LINE R. CO.

No. 9403.

113 F.2d 212 (1940)

UNITED STATES v. OREGON SHORT LINE R. CO. et al.

Circuit Court of Appeals, Ninth Circuit.

June 27, 1940.


Attorney(s) appearing for the Case

Norman M. Littell, Asst. Atty. Gen., Charles R. Denny, Jr., and Edward J. Hickey, Attys., Dept. of Justice, both of Washington, D. C., and John A. Carver, U.S. Atty., of Boise, Idaho, for appellant.

George H. Smith, of Salt Lake City, Utah, and H. B. Thompson and L. H. Anderson, both of Pocatello, Idaho, for appellees.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.


HEALY, Circuit Judge.

In 1873 the United States granted to the Utah and Northern Railroad Company a right of way over the public lands for the construction of a railroad running northerly through Idaho into Montana. Act March 3, 1873, 17 St.L. 612. The company filed a series of maps of the definite location of its road, eleven of which were approved in 1882. Four other maps showing the line of the road through the Fort Hall Indian Reservation in the Territory of Idaho...

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