U.S. v. NORTHERN PACIFIC RY. CO.

Nos. 3 and 4.

311 U.S. 317 (1940)

UNITED STATES v. NORTHERN PACIFIC RAILWAY CO. ET AL.; and NORTHERN PACIFIC RAILWAY CO. ET AL. v. UNITED STATES.

Supreme Court of United States.

Reargued October 15, 16, 1940.

Decided December 16, 1940.


Attorney(s) appearing for the Case

Mr. Edward F. McClennen and Assistant Attorney General Littell, with whom Solicitor General Biddle, and Messrs. Walter L. Pope, E.E. Danly, and Robert K. McConnaughey, and Miss Margaret A. Shea were on the brief, for the United States on the original argument in Nos. 3 and 4. Mr. Frederick Bernays Wiener, with whom Solicitor General Biddle, Assistant Attorneys General Shea and Littell, and Mr. E.E. Danly and Miss Margaret A. Shea were on the brief, for the United States on the reargument in No. 3.

Messrs. John W. Davis and Lorenzo B. daPonte, with whom Messrs. Grandin Tracy Vought, Alfred N. Heuston, and John B. Marsh were on the briefs, for the Northern Pacific Railway Company et al. on the original argument in Nos. 3 and 4 and on the reargument in No. 3.


No. 3, reargued October 15, 16, 1940.

MR. JUSTICE ROBERTS delivered the opinion of the Court.

The cause brought here by these appeals involves the correlative rights of the United States and the Northern Pacific Railway Company arising out of the land grants in aid of the Northern Pacific Railroad Company.

By an Act of July 2, 1864,1 designated persons were created a body corporate...

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