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ROGGE v. UNITED STATES

No. 10015.

128 F.2d 800 (1942)

ROGGE et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

June 8, 1942.

Attorney(s) appearing for the Case

John L. McGinn, of Fairbanks, Alaska, for appellants.

Norman M. Littell, Asst. Atty. Gen., of Washington, D. C., Ralph J. Rivers, U. S. Atty., of Fairbanks, Alaska, and Vernon L. Wilkinson, Frank J. Dugan, and Norman MacDonald, Attys., Department of Justice, all of Washington, D. C., for appellee.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.

DENMAN, Circuit Judge.

The United States brought suit in the district court to recover tolls sought to be collected from appellants pursuant to a regulation of the Secretary of the Interior imposing tolls on certain freight and merchandise transported over the Richardson Highway in Alaska. Judgment was rendered in favor of the United States and appellants appealed.

The Richardson Highway was established during the Gold Rush in 1902 over public lands. In 1906...

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