Thomas v. Union Pacific Railroad

This is an appeal from the District Court of Colorado from an order dismissing the complaint which challenged the leasing of oil and gas minerals by the appellee on lands granted under United States patents.

The trial court held that upon issuing the patents, an absolute title without reservation of minerals was granted; that the appellants had failed, therefore, to state a claim upon which relief could be granted; that in any event, the action was a prohibited collateral attack upon a U. S. patent; and that the appellants had failed to join the Secretary of Interior as an indispensable party.

T…