United States v. Illinois Cent. R. Co.

This is an appeal from a judgment for defendants in an action to enjoin the Illinois Central Railroad Company from alienating or disposing of gas, oil, or other minerals, underlying any part of its railroad right of way and to enjoin the railroad and defendant, Menhall, the railroad’s lessee, from extracting gas and oil under the right of way except under a lease issued by the Secretary of the Interior under the Act of May 21, 1930, 46 Stat. 373, 30 U.S.C.A. § 301 et seq. The District Court dismissed the action on the ground that the railroad had the right to extract and sell the oil from its…