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III

At all times herein material the plaintiff was and now is the owner in fee simple of public lands in Park County, Wyoming, described as Section 36, Township 58 North of Range 100 West of the Sixth Principal Meridian.

IV

The State of Wyoming claims some right, title or interest in said land adverse to the United States.

V

The defendant, The Ohio Oil Company, claims some right, title, or interest in said section 36 under an oil and gas lease or leases granted to it by the State of Wyoming, and now is and for many years last past has been in the actual possession of said section 36 actively engaged in the production of gas, oil, and other petroleum products therefrom. The exact amount and value of gas, oil, and other petroleum products extracted by the defendant, The Ohio Oil Company, is not known to the plaintiff, but it is informed and believes, and upon such information and belief alleges, that the value of the oil and other products extracted by the defendant, The Ohio Oil Company, is in excess of $165,000.00.

VI

Defendants, State of Wyoming and The Ohio Oil Company, have no right, title, or interest in or to said section 36 or any part thereof, but title in fee simple to said section and each subdivision thereof remains in the United States.

VII

The claims and action of the defendants have caused and will continue to cause irreparable injury to the plaintiff, for which there is no adequate remedy at law.

Wherefore, plaintiff prays:

1. That a decree be entered quieting title in the United States to said section 36, declaring that the United States is the owner and entitled to the possession of said land; adjudging that the defendants have no right, title or interest in or to said land or any part thereof; and perpetually enjoining the defendants and each of them from asserting any right, title or interest in or to said land or any part thereof, or from interfering with the possession of the United States in said land.

2. That a decree be entered requiring the defendants to account for all

gas, oil, and other petroleum products extracted from said land by the defendants or either of them.

3. That a decree be entered adjudging that the plaintiff recover from the defendants the full value of all gas, oil, and other petroleum products extracted from said land by the defendants or either of them, with interest thereon.

4. For such other and further relief as this Court may deem proper and

necessary.

(Date)

Counsel for Plaintiff.

2. ORIGINAL PETITION FOR CERTIORARI UNDER 28 U.S.C. §1651 AND

[Outside Cover]

MOTION FOR Leave to FILE

MOTION FOR LEAVE TO FILE

No. 269 Miscellaneous

IN THE

SUPREME COURT OF THE UNITED STATES

OCTOBER TERM, 1948

Petitioner,

ν.

Respondent.

PETITION FOR WRIT OF CERTIORARI TO THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF CALIFORNIA, CENTRAL DIVISION, AND MOTION FOR LEAVE TO FILE

Name and address of Counsel.

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MOTION FOR LEAVE TO FILE PETITION FOR
WRIT OF CERTIORARI

Now comes the petitioner and respectfully moves this Court for leave to file the annexed petition for writ of certiorari under Section 1651 of Title 28, United States Code (formerly Section 262, Judicial Code, 28 U.S.C. 377), directed to the District Court of the United States for the Southern District of California, Central Division, to review an order and judgment of that court entered on October 28, 1948, and more particularly described in the petition, and for such other and further relief as may be just and proper.

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PETITION FOR WRIT OF CERTIORARI TO THE DISTRICT COURT

OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF
CALIFORNIA, CENTRAL DIVISION

The petitioner prays that a writ of certiorari be issued to review a judgment and order, entered on October 28, 1948, by the United States District Court for the Southern District of California, Central Division, transferring the civil proceeding which was pending in that court, and in which the United States charged the above-named respondents with violations of the Sherman Act, to the United States District Court for the Northern District of Illinois, Eastern Division.

OPINION BELOW

The opinion of the district court rendered on respondents' motion to transfer the action has not yet been reported. A copy of this opinion is attached to this petition as Exhibit B of the Appendix to the petition (infra, pp. 20-43). An opinion by this Court and an opinion by the district court rendered at prior stages of the present proceeding, are reported, respectively, in 334 U. S. 573 and 7 F. R. D. 456.

JURISDICTION TO REVIEW

The date of the order and judgment of the district court sought to be reviewed is October 28, 1948.1

The jurisdiction of this Court is invoked under Section 1651 (a) of Title 28, United States Code (formerly Section 262 of the Judicial Code, 28 U.S.C. 377), as enacted by Public Law 773, 80th Cong., 2d Sess.

Section 2 of the Act of February 11, 1903, as amended (15 U.S.C. 29), confers upon this Court exclusive appellate jurisdiction of civil suits brought by the United States under the Sherman Act. Grant of the common law writ of certiorari, as authorized by Section 1651 (a) of Title 28, United States Code, is sought in aid of such exclusive appellate jurisdiction.

The following decisions sustain the power and jurisdiction of this Court to review the order and judgment review of which is herewith sought: United States Alkali Export Assn., Inc. v. United States, 325 U. S. 196

De Beers Consolidated Mines, Ltd. v. United States, 325 U. S. 212

The special and unusual circumstances which warrant exercise by this Court of its discretionary power to issue the common law writ of certiorari, as requested in this petition, are set forth later under the heading "Reasons for Granting the Writ" (infra, pp. 9-18).

[Proceed from here as in ordinary petition for certiorari (pp. 361, et seq., supra), but add as appendices pertinent documents below in lieu of record.]

1 The court signed the judgment and order on October 27, 1947, and the clerk entered judgment on October 28, 1947. Under Rule 58 of the Federal Rules of Civil Procedure the latter date constitutes the entry of judgment.

3. PETITION FOR MANDAMUS AND MOTION FOR LEAVE TO FILE

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MOTION FOR LEAVE TO FILE PETITION FOR WRIT OF MANDAMUS, PETITION FOR WRIT OF MANDAMUS, AND BRIEF IN SUPPORT THEREOF

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The petitioner moves the Court for leave to file the petition for a writ of mandamus hereto annexed; and further moves that an order and rule be entered and issued directing the Honorable The United States District Court

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