UNITED STATES v. FULLARD-LEO

No. 9889.

133 F.2d 743 (1943)

UNITED STATES v. FULLARD-LEO et al.

Circuit Court of Appeals, Ninth Circuit.

As Amended March 4, 1943.


Attorney(s) appearing for the Case

Norman M. Littell, Asst. Atty. Gen., Angus M. Taylor, Jr., U. S. Atty., of Honolulu, T. H., and Robert P. Marquis and Vernon L. Wilkinson, Attys., Department of Justice, both of Washington, D. C. for appellant.

A. G. M. Robertson, of Honolulu, T. H. (Robertson, Castle & Anthony, of Honolulu, T. H., of counsel), for appellees Leslie Fullard-Leo and Ellen Fullard-Leo.

E. H. Beebe of Honolulu, T. H. (Smith, Wild, Beebe & Cades, of Honolulu, T. H., of counsel), for appellees Cooper et al.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.


HANEY, Circuit Judge.

Appeal was taken from a judgment dismissing an action brought by appellant to quiet title to Palmyra Island.

Palmyra Island is an atoll comprising some 52 islets surrounding three deep-water lagoons, and is situated about 900 miles south of Honolulu. Many of the islets are covered with trees and tropical vegetation. It was discovered by Captain Sawle of the American ship Palmyra on November 6, 1802.

There was evidence, excluded...

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