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UNITED STATES v. UNION PACIFIC R. CO.

No. 97.

353 U.S. 112 (1957)

UNITED STATES v. UNION PACIFIC RAILROAD CO.

Supreme Court of United States.

Decided April 8, 1957.

Attorney(s) appearing for the Case

Solicitor General Rankin argued the cause for the United States. With him on the brief were Assistant Attorney General Morton, Roger P. Marquis and Fred W. Smith.

William W. Clary argued the cause for respondent. With him on the brief were Louis W. Myers, Warren M. Christopher, John U. Loomis, W. R. Rouse and J. H. Anderson.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

This is an action brought in the District Court by the United States to enjoin the Union Pacific Railroad Company from drilling for oil and gas on "the right of way" granted it by § 2 of the Act of July 1, 1862, 12 Stat. 489, 491, for the construction of a railroad and telegraph line. The claim of the United States is that "the right of way" granted by the Act is not a grant that includes mineral rights...

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