United States v. Diamond Coal & Coke Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Wyoming; John A. Riner, Judge. Bill by the United States against the Diamond Coal & Coke Company. The bill was dismissed, as not stating a cause of action, and the United States appeals.
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Appeal from the District Court of the United States for the District of Wyoming; John A. Riner, Judge. Bill by the United States against the Diamond Coal & Coke Company. The bill was dismissed, as not stating a cause of action, and the United States appeals. This is a suit in equity, brought by the United, States against tho Diamond Coal & Coko Company, a corporation, to avoid for fraud in obtaining thorn tho patents to 38 tracts of land, aggregating 2,283 acres, and tho deeds thereof made by the 18 patentees to the coal company. The alleged fraud was the hiring- and causing by the coal…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts as above). [1, 2] The Act of Congress of March 3, 1891, c. 561, § 8, 26 Stat. 1099 (Comp. St. 1916, § 5114), provides:
“That suits by the United States to vacate and annul any patent heretofore-issued shall only be brought within five years from, the passage of this act, and suits to vacate and annul patents hereafter issued shall only be brought within six years after the date of tho issuance of such patents.”
But this statute is construed and enforced pursuant to decisions of the federal courts in co-operation with the familiar equitable principle that where the…
2Cases cited22 opinions
- Bailey v. GloverSupreme Court of the United States · 1875
- Wood v. CarpenterSupreme Court of the United States · 1879
- United States v. KirkpatrickSupreme Court of the United States · 1824
- United States v. Nashville, Chattanooga & St. Louis Railway Co.Supreme Court of the United States · 1886
- Badger v. BadgerSupreme Court of the United States · 1865
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3Cited by9 opinions
- Commonwealth of Puerto Rico v. Sea-Land Service, Inc.District Court, D. Puerto Rico · 1970
- Curtis v. MetcalfDistrict Court, D. Rhode Island · 1919
- District-Florida Corp. v. PennyCourt of Appeals for the D.C. Circuit · 1933
- Missouri v. Homesteaders Life Ass'nDistrict Court, W.D. Missouri · 1936
- United States v. George A. Fuller Co.District Court, D. Kansas · 1923
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