No. 481.

309 U.S. 478 (1940)


Supreme Court of United States.

Decided March 25, 1940.

Attorney(s) appearing for the Case

Mr. Thomas T. Railey for petitioner.

Messrs. Craig Van Meter and Thomas H. Cobbs, with whom Messrs. Fred H. Kelly, Wm. H. Armstrong, and Walace Hawkins were on the brief, for respondents.

MR. JUSTICE BLACK delivered the opinion of the Court.

A rich oil field was discovered in Illinois in 1938. Thereupon, this dispute arose between a trustee of a railroad in reorganization under § 77 of the Bankruptcy Act (11 U.S.C. 205) and other claimants as to the legal right to drill for and capture fugitive oil under the railroad's right of way traversing the newly discovered field. The trustee asserts fee simple ownership of the right of way lands with consequent...

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