Legal Opinion

United States v. Wharton

Court of Appeals for the Ninth Circuit

Decided March 18, 1975No. Nos. 73-2732, 73-2831PublishedCited by 95 opinions

1Opinion of the Court

OPINION

EUGENE A. WRIGHT, Circuit Judge:

The government appeals from a judgment of the district court ordering the Secretary of the Interior to issue a patent to 40 acres of public land claimed by the defendants under the Color of Title Act, 43 U.S.C. § 1068. The defendants cross-appeal, contending that the government should be estopped from claiming ownership of the land.

FACTUAL BACKGROUND

The facts stated in pretrial stipulations and in the district court’s opinion are essentially these:

Curtis Wharton and his wife, Minnie, moved onto a tract of Oregon land some time prior to September 1919,…

2Cases cited21 opinions

  1. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  2. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  3. Udall v. TallmanSupreme Court of the United States · 1965
  4. Consolo v. Federal Maritime CommissionSupreme Court of the United States · 1966
  5. National Labor Relations Board v. Columbian Enameling & Stamping Co.Supreme Court of the United States · 1939

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3Cited by95 opinions

  1. Sergeant Perry Watkins v. United States ArmyCourt of Appeals for the Ninth Circuit · 1989
  2. United States v. Ruby Company, a Utah CorporationCourt of Appeals for the Ninth Circuit · 1978
  3. Jerome Jablon, M.D. v. United StatesCourt of Appeals for the Ninth Circuit · 1981
  4. Martinez v. McAleenanDistrict Court, S.D. Illinois · 2019
  5. Dipankar Mukherjee, Plaintiff-Appellee/cross-Appellant v. Immigration and Naturalization Service, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Ninth Circuit · 1986

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