Legal Opinion

United States v. McCutchen

District Court, S.D. California

Decided July 29, 1916No. A-12PublishedCited by 9 opinions

In Equity. Suit by the United States against G. W. McCutchen and others. This controversy centers about the right of the government of the United States, in furtherance of its declared conservation policy and because of its withdrawal orders heretofore issued, to assert its paramount proprietary interest in, and title to, a certain quarter section of very valuable oil land in the California oil fields. See U. S. v. Midwest Oil Co., 236 U. S. 4.59, 35 Sup.

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In Equity. Suit by the United States against G. W. McCutchen and others. This controversy centers about the right of the government of the United States, in furtherance of its declared conservation policy and because of its withdrawal orders heretofore issued, to assert its paramount proprietary interest in, and title to, a certain quarter section of very valuable oil land in the California oil fields. See U. S. v. Midwest Oil Co., 236 U. S. 4.59, 35 Sup. Ct. 309, 59, L. Ed. 641. The proceeding in one form or another has been pending for some time before the courts and the Land Department,…

1Opinion of the CourtBledsoe, District Judge

(after stating the facts as above). [1, 2] Preliminarily, I feel constrained to suggest that I see no reason *579to depart at all from either the reasons adopted or the conclusions reached heretofore in the hearing herein on the question of the appointment of a receiver. 234 Fed. 702. A consideration of the facts in the case, as they have been presented in detail on the trial, serves, but to confirm the conclusions, announced in that opinion, that defendants were not diligently engaged in the prosecution of work leading to a “discovery” on September 27, 1909, the date of the Taft withdrawal.

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2Cases cited19 opinions

  1. United States v. Midwest Oil Co.Supreme Court of the United States · 1915
  2. Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
  3. Chrisman v. MillerSupreme Court of the United States · 1905
  4. United States v. Bitter Root Development Co.Supreme Court of the United States · 1906
  5. United States v. SmullSupreme Court of the United States · 1915

14 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Kentucky Harlan Coal Co. v. Harlan Gas Coal Co.Court of Appeals of Kentucky (pre-1976) · 1932
  2. Morrow v. Coast Land Co.California Court of Appeal · 1938
  3. Robinson v. Gordon Oil Co.Michigan Supreme Court · 1934
  4. United States v. TooleDistrict Court, D. Montana · 1963
  5. United States v. Stockton Midway Oil Co.District Court, S.D. California · 1917

4 more not listed; retrieve them via the Exa API.

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