MR. JUSTICE BRADLEY delivered the opinion of the court.
The decision in this case is controlled by United States v. Kansas Pacific Railway Company, supra, p. 455. By virtue of the act of March 3, 1869 (15 Stat. 324), the latter company, under the name of the Union Pacific Railway Company, Eastern Division, was "authorized to contract with the Denver Pacific Railway and Telegraph Company, a corporation existing under the laws of the Territory of Colorado, for the construction...
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