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PAYNE v. CENTRAL PAC. RY. CO.

No. 17.

255 U.S. 228 (1921)

41 S.Ct. 314

65 L.Ed. 598

PAYNE, SECRETARY OF THE INTERIOR, ET AL. v. CENTRAL PACIFIC RAILWAY COMPANY.

Supreme Court of United States.

Decided February 28, 1921.

Attorney(s) appearing for the Case

Mr. Assistant Attorney General Nebeker, with whom Mr. H.L. Underwood, Special Assistant to the Attorney General, was on the brief, for appellants:

Mr. A.A. Hoehling and Mr. Frank Thunen, with whom Mr. C.F.R. Ogilby was on the brief, for appellee.

MR. JUSTICE VAN DEVANTER delivered the opinion of the court.

This is a suit to enjoin the Secretary of the Interior and the Commissioner of the General Land Office from canceling a selection of indemnity lands under a railroad land grant. The trial court dismissed the bill and the Court of Appeals reversed that decree and directed that an injunction issue. 46 App. D.C. 374. An appeal under § 250, par. 6, of the Judicial Code brings the case here.

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