Opinion
Appeal from the Circuit Court of the United States for the District of Oregon.
Dolph, Nixon & Dolph, for appellant.
John M. Gearin and J. L. Story, for appellees.
Before ROSS, Circuit Judge, and HAWLEY and MORROW, District Judges.
HAWLEY, District Judge.
Both of these cases present the identical questions that were involved in the case of Oregon & C.R. Co. v. U.S., 23 C.C.A. 15, 77 F. 67, and are necessarily controlled by the decision in that case. We adhere to the view therein expressed, and upon the authority of that case the judgments and decrees in these cases are reversed, with instructions to the circuit court to enter a decree in favor of the complainant in each case.