Chicago & North Western Railway Co. v. Continental Oil Co.

MURRAH, Circuit Judge.

In this diversity litigation, the appellant railway company and its oil and gas lessee seek reversal of the trial court’s judgment, holding, in effect, that the railroad acquired only an easement and not a limited fee title to lands within its right of way under the Act of March 3, 1875, 18 Stat. 482, 43 U.S.C.A. § 934 et seq.; and more particularly, that the railroad has no right to the oil, gas and other minerals underlying its right of way. See Continental Oil Co. v. Chicago & North Western Ry. Co., D.C., 148 F. Supp. 411.

The undisputed facts are that appellant’s…