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O'DONNELL v. UNITED STATES

No. 7522.

91 F.2d 14 (1937)

O'DONNELL et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing June 7, 1937.

Attorney(s) appearing for the Case

James E. Kelby, Gordon Lawson, and Samuel M. Garroway, all of Los Angeles, Cal. (Robert N. Denham, of Washington, D. C., of counsel), for appellants.

Warren Olney, Jr., and Robert L. Lipman, both of San Francisco, Cal., for appellants on rehearing.

H. H. McPike, U. S. Atty., and Esther B. Phillips and Robert B. McMillan, Asst. U. S. Attys., all of San Francisco, Cal. (Philip Buettner, Department of the Navy, of Washington, D. C., of counsel), for the United States.

Before DENMAN, MATHEWS, and HANEY, Circuit Judges.

DENMAN, Circuit Judge.

This case began in a bill filed by the United States for the cancellation of two patents granting certain swamp and overflowed lands in the State of California to that state, the patent from that state to one Darlington, and the successor deeds thereto, and for the quieting of the title of the United States against the successors in interest to California in the patented lands. The lands are a part of Mare Island, northwesterly of the main plant...

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