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UNITED STATES v. UNION PACIFIC RAILROAD COMPANY

Civ. A. No. 3736.

126 F.Supp. 646 (1954)

UNITED STATES of America, Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, Defendant.

United States District Court, D. Wyoming.

December 30, 1954.

Attorney(s) appearing for the Case

Perry W. Morton, Asst. Atty. Gen., Thomas L. McKevitt, Atty., Department of Justice, Washington, D. C., and John F. Raper, Jr., U. S. Atty., Cheyenne, Wyo., for plaintiff.

John U. Loomis, Loomis, Lazear & Wilson, Cheyenne, Wyo., O'Melveny & Myers, Louis W. Myers, William W. Clary, Warren M. Christopher and Charles H. McCrea, Los Angeles, Cal., for defendant. Frank E. Barnett, New York City, W. R. Rouse, J. H. Anderson, Omaha, Neb., and Henry M. Isaacs, Los Angeles, Cal., of counsel.

KENNEDY, District Judge.

This is an action in which the United States, as plaintiff, seeks an injunction permanently restraining the defendant from using its right of way as a railroad for the purposes of removing gas, oil and minerals therefrom and quieting title to such minerals in plaintiff. The defendant answers in the form of a denial of the claim of plaintiff and sets forth certain affirmative rights claimed in its behalf.

At the trial the parties entered...

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