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DE JOHN v. ALASKA MATANUSKA COAL CO.

No. 5959.

41 F.2d 612 (1930)

DE JOHN et al. v. ALASKA MATANUSKA COAL CO. et al. AGOSTINO v. SAME.

Circuit Court of Appeals, Ninth Circuit.

June 20, 1930.

Attorney(s) appearing for the Case

J. L. Waller and Jas. S. Truitt, both of Anchorage, Alaska (Wright & Wright, of Seattle, Wash., on the brief), for appellants De John and others.

Arthur G. Thompson, of Anchorage, Alaska, for appellant Agostino.

L. V. Ray, of Seward, Alaska, for appellee Alaska Matanuska Coal Co.

Harry F. Morton, of Anchorage, Alaska, for appellee Tarwater.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

DIETRICH, Circuit Judge.

This suit was brought by appellee Alaska Matanuska Coal Company to determine the right of possession to 320 acres of coal land constituting unit No. 1, Matanuska Coal Fields in Alaska. Title thereto is in the United States, but, under the Alaska Coal Leasing Act Oct. 20, 1914 (38 Stat. 741 [48 USCA § 432 et seq.]), the Secretary of the Interior had, on May 5, 1922, given to appellant Agostino a lease thereon, and subsequently, in 1927...

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