W. O. Bedal v. The Hallack and Howard Lumber Company, a Corporation, and W. O. Bedal v. Oregon Short Line Railroad Company, a Corporation, and Union Pacific Railroad Company, a Corporation

226 F.2d 526 W. O. BEDAL, Appellant, v. The HALLACK AND HOWARD LUMBER COMPANY, a Corporation, Appellee; and W. O. BEDAL, Appellant, v. OREGON SHORT LINE RAILROAD COMPANY, a Corporation, and Union Pacific Railroad Company, a Corporation, Appellees. No. 14197. United States Court of Appeals Ninth Circuit. Oct. 14, 1955. Elam & Burke, Fred M. Taylor, Laurel E. Elam, Carl A. Burke, Carl P. Burke, Boise, Idaho, for appellant. Oscar W. Worthwine & J. Eberle, Boise, Idaho, for appellee Hallack & Howard Lumber Company. Bryan P. Leverich, Salt Lake City, Utah, L. H. Anderson, E. H. Casterlin, E. C. Phoenix, Pocatello, Idaho, for appellee Oregon Short Line R.R. Co. and Union P.R.R. Co. Before HEALY, BONE and POPE, Circuit Judges. POPE, Circuit Judge. 1 The Union Pacific Railroad Company, here called Railroad, operated a railroad line paralleling the Payette River in the State of Idaho. At a point on that line between the towns of Nampa and McCall, a sidetrack had been constructed to the west of the main line of the track. On the third day of March, 1944, the Railroad, 1 as lessor, executed to the appellee Hallack and Howard Lumber Company, as lessee, a lease of that portion of…