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Fullinwider v. Southern Pacific R. Co., 248 U.S. 409 (1919)

Fullinwider v. Southern Pacific Railroad Company

No. 121

Submitted December 20, 1918

Decided January 13, 1919

248 U.S. 409


The Act of March 3, 1871, c. 122, 16 Stat. 573, granted public lands to the Texas Pacific Railroad, conditioned that those not sold or disposed of within three year from the completion of the road should be subject to settlement and preemption at a maximum price, and other public lands to the Southern Pacific Railroad,

"with the same rights, grants, and privileges, and subject to the same limitations, restrictions, and conditions as were granted to said Southern Pacific Railroad Company of California by the Act of July 27, 1866."

Held that the condition of the Texas Pacific grant was inapplicable to the grant made by the same act to the Southern Pacific.

229 F. 717 affirmed.

This case is stated in the opinion.

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