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SOUTHERN PAC. R.R. CO. v. FALL

No. 60.

257 U.S. 460 (1922)

42 S.Ct. 147

66 L.Ed. 316

SOUTHERN PACIFIC RAILROAD COMPANY v. FALL, SECRETARY OF THE INTERIOR, ET AL.

Supreme Court of United States.

Decided January 3, 1922.

Attorney(s) appearing for the Case

Mr. C.F.R. Ogilby for appellant.

Mr. Solicitor General Beck, Mr. Assistant Attorney General Riter and Mr. H.L. Underwood for appellees.

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 going beyond what the plaintiff insists is the limit of their power and duty in dealing with a selection of indemnity land under the Act of July 27, 1866, c. 278, 14 Stat. 292, which made a land grant in aid of the construction of a railroad in California.

The grantee constructed and put in...

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