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United States v. Glacier County

United States v. Glacier Cnty., 62 F. Supp. 27 (D. Mont. 1945)
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Court
District Court, D. Montana · Federal District Courts
Decided
March 16, 1945
Docket
No. 531
Judges
Pray
Citations
62 F. Supp. 271945 U.S. Dist. LEXIS 1910

Opinion of the Court — Pray

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PRAY, District Judge.

The Court has considered the briefs filed in the above entitled cause by counsel for the plaintiff and defendants Manley and wife in support of and in opposition to their motion to dismiss and to strike certain matters contained in the complaint.

After consideration of the pleadings and briefs, in the opinion of the court, the important question here is to determine whether the fee patent was issued on the application or with the consent of the Indian ward, Florence Samples Hall. It has been held by the Circuit Court of Appeals for the 9th Circuit that “consent is the crucial issue to be determined.” United States v. Nez Perce County, Idaho, 95 F.2d 232, 235 . The same rule was laid down in other similar cases decided in our own Circuit. Whether application was made or consent given by the patentee will depend upon the forthcoming evidence to be submitted at the trial, at which time the questions raised by the motion may be renewed. Good cause appearing therefor, the motions to dismiss and to strike by the defendant Manley ana *28 his wife and by Glacier County, both being identical, are hereby overruled and denied, with 20 days to answer upon receipt of notice hereof.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1945: 11958: 119452026peak 1945 · 1

Relies on it most ⓘ

  1. United States v. Frisbee165 F. Supp. 883 (D. Mont. 1958)
  2. Gerard v. Mercer62 F. Supp. 28 (D. Mont. 1945)

Most recent

  1. United States v. Frisbee165 F. Supp. 883 (D. Mont. 1958)
  2. Gerard v. Mercer62 F. Supp. 28 (D. Mont. 1945)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
United States v. Nez Perce Cnty., Idaho, 95 F.2d 232 (9th Cir. 1938) 33

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