THOMAS v. UNION PACIFIC RAILROAD COMPANY

No. 5433.

239 F.2d 641 (1956)

Sewell THOMAS, George K. Thomas, A. E. Pilkington, Gertrude Vandeveer Breckon, Frank R. Button, E. Roy Chesney, Don F. Anderson, E. J. Campbell, John A. McCusker, Jr., Roy L. Mason, Albert H. Vogler, Phillip H. Paden, Mrs. Elizabeth Root Paden, George W. Calkins, George E. Sanders, Thaddeus C. Naquin, Arthur H. Malnati, Orrin Abbot, Don J. Sebern, Leonard Delue, and John L. Crum, Appellants, v. UNION PACIFIC RAILROAD COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

December 24, 1956.


Attorney(s) appearing for the Case

George K. Thomas, Denver, Colo., for appellants.

Kenneth F. Burgess, Chicago, Ill. (E. G. Knowles, Denver, Colo., D. Robert Thomas and Martin M. Lucente, Chicago, Ill., on the brief), for appellee.

Before PHILLIPS, MURRAH and LEWIS, Circuit Judges.


PER CURIAM.

This is an appeal from the District Court of Colorado from an order dismissing the complaint which challenged the leasing of oil and gas minerals by the appellee on lands granted under United States patents.

The trial court held that upon issuing the patents, an absolute title without reservation of minerals was granted; that the appellants had failed, therefore, to state a claim upon which relief could be granted; that in any event, the action...

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