Legal Opinion
Rice v. United States
District Court, D. North Dakota
Decided September 29, 1972No. Civ. 1127PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM
VAN SICKLE, District Judge.
At issue is the question of who owns the oil and gas under the 400 foot wide Northern Pacific Right of Way, as it passes through certain land in Stark County, North Dakota, on its way from Lake Superior to Puget Sound. The surface of the area involved is 37.03 acres.
The case comes up on cross motions for Summary Judgment, under Rule 56, Federal Rules of Civil Procedure.
There is no issue as to any material fact.
On May 20, 1862, Congress approved the Act “to secure Homesteads to actual Settlers on the Public Domain”, (43 U.S.C. § 161 et seq.)
On July 2, 1864,…
2Cases cited6 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Great Northern Railway Co. v. United StatesSupreme Court of the United States · 1942
- Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
- Hastings & Dakota Railroad v. WhitneySupreme Court of the United States · 1889
- Wyoming v. UdallCourt of Appeals for the Tenth Circuit · 1967
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Garmon v. WarnerDistrict Court, W.D. North Carolina · 1973
- Energy Transportation Systems, Inc. v. Union Pacific RailroadDistrict Court, D. Wyoming · 1977
- Home on the Range v. AT & T Corp.District Court, S.D. Indiana · 2005
- Tony Rice v. The United States of AmericaCourt of Appeals for the Eighth Circuit · 1973
- Energy Transportation Systems, Inc. v. Union Pacific RailroadDistrict Court, D. Kansas · 1978
3 more not listed; retrieve them via the Exa API.