STATE OF WYO. v. ANDRUS

No. C77-034K.

436 F.Supp. 933 (1977)

STATE OF WYOMING and Albert E. King, Commissioner of Public Lands, Plaintiffs, v. Cecil D. ANDRUS, Secretary, United States Department of the Interior, Defendant.

United States District Court, D. Wyoming.

September 8, 1977.


Attorney(s) appearing for the Case

V. Frank Mendicino, Atty. Gen., Craig Newman and Steve F. Freudenthal, Asst. Attys. Gen. of Wyo., Cheyenne, Wyo., for plaintiffs.

Toshiro Suyematsu, U. S. Atty., for defendant.


MEMORANDUM OPINION

KERR, District Judge.

The question for decision in this controversy is whether the State of Wyoming can exclude from its patents of school sections lands included within the Union Pacific right-of-way grant by the Act of Congress of July 1, 1862, as amended July 2, 1864 and, by reason of such exclusion, be entitled to make indemnity lieu selections.

On December 10, 1971, the State of Wyoming, through its Commissioner of Public...

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