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LEO SHEEP CO. v. UNITED STATES

No. 77-1686.

440 U.S. 668 (1979)

99 S.Ct. 1403

59 L.Ed.2d 677

LEO SHEEP CO. ET AL. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided March 27, 1979.

Attorney(s) appearing for the Case

Clyde O. Martz argued the cause for petitioners. With him on the briefs were Howard L. Boigon, John A. MacPherson, and T. Michael Golden.

Sara Sun Beale argued the cause for respondents. With her on the brief were Peter R. Steenland, Jr., Raymond N. Zagone, and Edward J. Shawaker.*

MR. JUSTICE REHNQUIST delivered the opinion of the Court.

This is one of those rare cases evoking episodes in this country's history that, if not forgotten, are remembered as dry facts and not as adventure. Admittedly the issue is mundane: Whether the Government has an implied easement to build a road across land that was originally granted to the Union Pacific Railroad under the Union Pacific Act of 1862—a grant that was part of a governmental scheme to subsidize...

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