UNITED STATES v. OTLEY

No. 9696.

127 F.2d 988 (1942)

UNITED STATES v. OTLEY et al.

Circuit Court of Appeals, Ninth Circuit.

April 21, 1942.


Attorney(s) appearing for the Case

Norman M. Littell, Asst. Atty. Gen., John F. Cotter, W. Robert Koerner, Charles R. Denny, and Clifford E. Fix, all of Washington, D. C., Benjamin Catchings, Senior Atty., United States Department of Agriculture, of Atlanta, Ga., and Carl C. Donaugh, U. S. Atty., J. Mason Dillard, Asst. U. S. Atty., and Hugh L. Biggs, Sp. Atty., all of Portland, Or., for appellant United States.

John W. McCulloch and Edwin D. Hicks, both of Portland, Or., and Robert M. Duncan, of Burns, Or., for appellants Otley et al.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.


DENMAN, Circuit Judge.

The United States appeals from a judgment holding that certain lands in Malheur Lake, a non-navigable body of fresh water in Oregon, were bordering upon lands transferred by fourteen of its patents to the predecessors in interest of certain appellees, and declaring they were lands conveyed by the patents. The United States is hereinafter called the "plaintiff" and these appellees, defendants below, the "patentees."

The areas of land...

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