Columbia Valley R. v. Portland & S. Ry. Co.
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United Slates for the Northern Division of the Western District of Washington. The appeal in this case is taken from a decree of the Circuit Court dismissing the appellant's bill.
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Appeal from the Circuit Court of the United Slates for the Northern Division of the Western District of Washington. The appeal in this case is taken from a decree of the Circuit Court dismissing the appellant's bill. On February 2, 100(5, the appellant filed its bill, alleging: That it was a railroad corporation organized under the laws of the suite of Washington: that It claimed a right of way over certain public lands of the United States under the provisions of the act of Congress approved March 3, 1875 (Act March 3, 1875, c. 152, 18 Stat. 482 [ü. S. Comp. St 1901, p. 33(581), entitled “An…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). This is a suit between two rival railroad companies, both created under the laws of the state of Washington. The jurisdiction of the Circuit Court over the controversy depends upon the question whether there is involved the construction of an act of Congress. The appellee contends that the only suggestion of. such a question discoverable in the second amended bill is the allegation therein contained as to the nature of the defense which it was expected ‘the appellee would interpose, citing Shoshone Mining Co. v. Rutter, 177 U. S. 505, 20 Sup. Ct. 726, 44 L.…
2Cases cited33 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- Bates v. CoeSupreme Court of the United States · 1878
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3Cited by2 opinions
- United States v. Oregon & C. R.U.S. Circuit Court for the District of Oregon · 1911
- Mitchell v. MaurerCourt of Appeals for the Ninth Circuit · 1934