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CHICAGO & NORTH WESTERN RY. CO. v. CONTINENTAL OIL CO.

No. 5657.

253 F.2d 468 (1958)

CHICAGO AND NORTH WESTERN RAILWAY COMPANY, a corporation, and Elliott Construction Company, Inc., a corporation, Appellants, v. CONTINENTAL OIL COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

February 12, 1958.

Attorney(s) appearing for the Case

Nye F. Morehouse, Chicago, Ill., and Leroy Hallman, Dallas, Tex. (R. D. Neely, Omaha, Neb., was with them on the brief), for appellants.

W. J. Wehrli, Casper, Wyo. (A. T. Smith and F. E. Radloff, Denver, Colo., were with him on the brief), for appellee.

Before MURRAH, LEWIS, and BREITENSTEIN, Circuit Judges.

MURRAH, Circuit Judge.

In this diversity litigation, the appellant railway company and its oil and gas lessee seek reversal of the trial court's judgment, holding, in effect, that the railroad acquired only an easement and not a limited fee title to lands within its right of way under the Act of March 3, 1875, 18 Stat. 482, 43 U.S.C.A. § 934 et seq.; and more particularly, that the railroad has no right to the oil, gas and other minerals underlying its right...

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