UNITED STATES v. UNION PACIFIC RAILROAD COMPANY

No. 5168.

230 F.2d 690 (1956)

UNITED STATES of America, Appellant, v. UNION PACIFIC RAILROAD COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

February 24, 1956.


Attorney(s) appearing for the Case

Frederick W. Smith, Washington, D. C. (Perry W. Morton, Asst. Atty. Gen., John F. Raper, Jr., U. S. Atty., Cheyenne, Wyo., and Roger P. Marquis, Washington, D. C., were with him on the brief), for appellant.

William W. Clary, Los Angeles, Cal. (Loomis, Lazear & Wilson, John U. Loomis, Cheyenne, Wyo., O'Melveny & Myers, Louis W. Myers, Warren M. Christopher and Charles H. McCrea, Los Angeles, Cal., were with him on the brief; Frank E. Barnett, New York City, W. R. Rouse, J. H. Anderson, Omaha, Neb., and Henry M. Isaacs, Los Angeles, Cal., of counsel), for appellee.

Before HUXMAN, MURRAH, and PICKETT, Circuit Judges.


PICKETT, Circuit Judge.

The United States brought this action for a determination of its right to oil and gas, or other minerals, underlying a portion of the Union Pacific right of way in Wyoming, and to restrain the Union Pacific Railroad Company from removing oil and gas from such lands. The single question presented is whether the right of way grant in Section 2 of the Act of July 1, 1862, 12 Stat. 489, 491, conveyed to the predecessor of the Union Pacific such...

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