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McLAREN v. FLEISCHER

No. 291.

256 U.S. 477 (1921)

41 S.Ct. 577

65 L.Ed. 1052

McLAREN, ADMINISTRATOR OF McLAREN, v. FLEISCHER.

Supreme Court of United States.

Decided June 1, 1921.

Attorney(s) appearing for the Case

Mr. Samuel Herrick, with whom Mr. Henry M. Willis was on the brief, for petitioner.

Mr. Patrick H. Loughran for respondent.

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

This case presents a controvery arising out of conflicting applications to enter a quarter section of land under the homestead law. While the land was public and unappropriated one Rider made a homestead entry of it, and later it was included, with other lands, in a first-form reclamation withdrawal.1 The withdrawal did not extinguish Rider's entry, but while in force prevented...

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