Morton

These are four appeals from identical orders dismissing actions originally brought by the appellants against the Northern Pacific Railway Company in the State court and which were removed on that company’s petition to the above named United States District Court. 1 The order for dismissal was based upon the court’s determination *902 that the allegations of the appellants’ pleadings disclose that they were entitled to no relief.

Each appellant alleged that he presented to the appellee a written application to purchase, for purposes of settlement, a certain quarter section of land situated in McCone County, Montana, and within the area of the second indemnity limits defined in the Congressional Joint Resolution of May 31, 1870, 16 Stat. 378 , relating to the so-called Northern Pacific Land Grant.

Each appellant alleged that he possessed all of the qualifications required for settlement under the land and homestead laws of the United States, including such qualifications as he had as a veteran of World War II; that although each appellant tendered to the appellee a sum equal to $2.50 per acre for the» lands he sought to purchase, the application was rejected and refused by the…