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THOMAS v. UNION PACIFIC RAILROAD COMPANY

Civ. No. 5110.

139 F.Supp. 588 (1956)

Sewell THOMAS, George K. Thomas, A. E. Pilkington, Gertrude Vandeveer Breckon, Frank R. Button, E. Roy Chesney, Don F. Anderson, E. J. Campbell, John A. McCusker, Jr., Roy L. Mason, Albert H. Vogler, Phillip H. Paden, Mrs. Elizabeth Root Paden, George W. Calkins, George E. Saunders, Thaddeus C. Naquin, Arthur H. Malnati, Orrin Abbott, Don J. Sebern, Leonard Delue and John L. Crum, Plaintiffs, v. UNION PACIFIC RAILROAD COMPANY, Defendant.

United States District Court D. Colorado.

March 27, 1956.

Attorney(s) appearing for the Case

George K. Thomas, Denver, Colo., for plaintiffs.

E. G. Knowles, Denver, Colo., Francis J. Melia, Omaha, Neb., Sidley, Austin, Burgess & Smith, Kenneth F. Burgess and D. Robert Thomas, Chicago, Ill., for defendant.

ROGERS, District Judge.

The ultimate question presented by the issues drawn between the defendant's Motion to Dismiss and the Complaint of some score of plaintiffs, concerns the relative rights of the plaintiffs who seek leases for oil and gas under the Mineral Lands Leasing Act of February 25, 1920, as amended, 30 U.S.C.A. § 181 et seq. on the one hand, and the defendant Union Pacific Railroad Company which has reserved all oil, coal and other minerals in land...

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