District Court, D. Oregon July 3, 1968, Civ. No. 67-14 (Lade v. Udall)

OPINION AND ORDER

KILKENNY, Judge:

Plaintiff attempts to distinguish this case from Udall v. Battle Mountain Co., 385 F.2d 90 (9th Cir. 1967), cert. denied 390 U.S. 957, 88 S.Ct. 1041, 19 L.Ed.2d 1151 (1968). There, the Government had reconveyed the lands to Santa Fe prior to the time Battle Mountain recorded its assignment.