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UNITED STATES v. STEWART

No. 9507.

121 F.2d 705 (1941)

UNITED STATES v. STEWART et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied October 16, 1941.

Attorney(s) appearing for the Case

Norman M. Littell, Asst. Atty. Gen., Frank J. Hennessy, U. S. Atty., and Esther B. Phillips, Asst. U. S. Atty., both of San Francisco, Cal., and Oscar A. Provost, Sp. Asst. to the Atty. Gen. (Philip Buettner, Atty., Office of Judge Advocate General of the Navy, of Washington, D. C., of counsel), for appellant.

Henry E. Monroe, J. M. Mannon, Jr., A. Crawford Greene, Robert L. Lipman, W. H. Spaulding, Thomas E. Palmer, and Stoney, Rouleau, Stoney & Palmer, all of San Francisco, Cal., for appellees.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

In this action the United States seeks to quiet its title to a large area of tule or marsh land claimed to be a part of Mare Island in San Pablo Bay and to have been acquired by purchase from the grantees of Victor Castro, to whom the island was granted by the Mexican Governor Alvarado in 1841. Appellees, defendants below, claim title to the land by mesne conveyances from a patentee of the state of California.

The suit, a companion case...

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