Santa Fe Pac. R. v. Ickes

PINE, Justice.

These are motions to dismiss, which were argued together. They raise similar questions of law and can be conveniently con•solidated for decision.

Plaintiff prays in each case for a judgment enjoining defendants from rejecting selections of lands filed by it on the ground that they are barred by a release filed pursuant to Sec. 321(b) of the Transportation Act of 1940, 49 U.S.C.A. § 65, and directing defendants to determine the rights of plaintiff in said selections, without regard to the release.

In Civil Action 23373 the facts alleged are briefly as follows: Plaintiff’s…