Continental Oil Co. v. Chicago North Western Ry.

3 Citing cases

  1. Chicago North W. Ry. Co. v. Continental Oil

    253 F.2d 468 (10th Cir. 1958)   Cited 12 times
    In Chicago North Western Railway Co. v. Continental Oil Co., 10 Cir., 253 F.2d 468, we considered a dispute between a railroad claiming under a right-of-way grant pursuant to the 1875 Act and the holder of an oil and gas lease covering the tract traversed by the right-of-way.

    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. ยง 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 predecessor, another railroad company, complied in all respects with the provisions of the Act of 1875, supra, for the purpose of locating, constructing, maintaining, and operating its railroad through the public lands of the United States. The company's location map, filed with and approved by the Secretary of the Interior, designated a right of way 200 feet in width across the State of Wyoming, including the two 40-acre tracts in Converse County, with which we are here concerned.

  2. Marshall v. Chicago N.W. Transp

    826 F. Supp. 1310 (D. Wyo. 1992)   Cited 2 times

    Energy Transp. Sys., Inc. v. Union Pac. R.R. Co., ("ETSI") 606 F.2d 934, 938 (10th Cir. 1979) (railroad cannot alienate any interest in the right-of-way which was granted it by the United States for the express purpose of building a railroad); Chicago Northwestern Ry. Co. v. Continental Oil Co., 253 F.2d 468, 472 (10th Cir. 1958); Continental Oil Co. v. Chicago Northwestern Ry. Co., 148 F. Supp. 411, 416-17 (D.Wyo. 1957). Moreover, a railroad company may not alienate to a private party its interest in a right-of-way granted to it by Congress.

  3. United States v. Northern Pacific Railway Company

    169 F. Supp. 735 (D. Wyo. 1959)   Cited 2 times

    " The Railway Company meets this apparently impregnable possession of the Government with United States v. Ide, 10 Cir., 277 F. 373; Ide v. United States, 263 U.S. 497, 44 S.Ct. 182, 68 L.Ed. 407; Green v. Willhite, C.C., 160 F. 755; United States v. Van Horn, D.C., 197 F. 611; United States v. Minidoka Ry., C.C., 176 F. 762; Continental Oil Co. v. Chicago North Western Ry. Co., D.C., 148 F. Supp. 411; 10 Cir., 253 F.2d 468; North Sterling Irrigation Dist. v. Knifton, Colo., 320 P.2d 968; Coulsen v. Aberdeen-Springfield Canal Co., 47 Idaho 619, 277 P. 542, and other cases. I have examined these cases with care and am not persuaded that they are applicable to the facts involved in the case at bar.