United States v. Minidoka & S. W. R.
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Central Division of the District of Idaho. Suit in equity by the United States against the Minidoka & Southwestern Railroad Company and s the Utah Construction Company. From an order denying in part a motion for a preliminary injunction, complainant appeals.
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Appeal from the Circuit Court of the United States for the Central Division of the District of Idaho. Suit in equity by the United States against the Minidoka & Southwestern Railroad Company and s the Utah Construction Company. From an order denying in part a motion for a preliminary injunction, complainant appeals. Action on the part of the United States to restrain the defendants from going upon certain reserved lands withdrawn for the purpose of irrigation and reclamation under the act of Congress of June 17, 1902 (32 Stat. 388), and cutting up said lands with embankments, cuts, fills, and…
1Opinion of the Court
MORROW, Circuit Judge.
The question involved in this case is whether the defendant the Minidoka & Southwestern Railroad Company has acquired a right of way for a line of railroad over certain lands reserved and withdrawn from public entry for the purpose of reclamation and irrigation under the act of June 17, 1902 (32 Stat. 388). The act provides for the sale and disposal of public lands in certain western states, including the state of. Idaho, and appropriating the receipts from 'such sale to the construction of irrigation works for the reclamation of arid lands. For the purpose of carrying…
2Cases cited10 opinions
- Holyoke Co. v. LymanSupreme Court of the United States · 1873
- Winona & St. Peter Railroad v. BarneySupreme Court of the United States · 1885
- Jamestown & Northern Railroad v. JonesSupreme Court of the United States · 1900
- Red River & Lake of the Woods Railroad v. StureSupreme Court of Minnesota · 1884
- Spokane Falls & Northern Railway Co. v. ZieglerSupreme Court of the United States · 1897
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3Cited by4 opinions
- United States v. IdeCourt of Appeals for the Eighth Circuit · 1921
- United States v. Utah Power & Light Co.Court of Appeals for the Eighth Circuit · 1913
- Taggart v. Great Northern Ry. Co.District Court, E.D. Washington · 1912
- United States v. Chicago, M. & St. P. Ry. Co.District Court, D. Idaho · 1913