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UNITED STATES v. MACMILLAN

Civ. No. R-2219.

331 F.Supp. 435 (1971)

UNITED STATES of America, Plaintiff, and State of Nevada, on Relation of its Department of Highways, Intervenor, v. Dorothe MACMILLAN, Administratrix of the Estate of Gordon Macmillan, Day Cattle Co., et al., Defendants.

United States District Court, D. Nevada.

September 9, 1971.

Attorney(s) appearing for the Case

Bart M. Schouweiler, U. S. Atty., Reno, Nev., for plaintiff.

Harvey Dickerson, Atty. Gen., of Nevada, for intervenor.

Wilson & Wilson, Elko, Nev., for defendants.

OPINION

BRUCE R. THOMPSON, District Judge.

This is an action to declare the title to Lot 5, Section 31, T. 33 N., R. 49 E., M. D.M. Nevada, consisting of approximately 12.57 acres of land. Plaintiff, United States, claims the tract is now and always has been public domain. Defendants Dorothe Macmillan, Administratrix, and Day Cattle Co. defend on the basis of mesne conveyances originating from a patent issued to the Central Pacific Railway Company as required...

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