United States v. Dominion Oil Co.

This is a “withdrawal case,” similar in all its essential attributes to cases heretofore considered by this court (U. S. v. McCutchen [D. C.] 234 Fed. 702 ; same case on final hearing [D. C.] 238 Fed. 575 ; United States v. Stockton Midway, 240 Fed. 1006 ), involving a quarter section of land in the California oil. fields. The matter arises upon application by the government for an injunction and receiver pendente lite.

*426 [1] - As indicated by the character of the case, though location notices had been posted, at the time of the executive withdrawal order of September 27, 1909 (see U. S. v. Midwest Oil Co., 236 U. S. 459 , 35 Sup. Ct. 309, 59 L. Ed. 673 ), no discovery of oil had been made, and neither on, nor before, nor for a considerable period after, the date mentioned, was “diligent prosecution of work leading to a discovery of oil or gas” in progress on the property. A well was begun and oil actually discovered therein in 1910. Subsequently several other wells were drilled by defendant operating companies, and production therefrom is now being had in substantial quantities. No fraud1 of any sort is charged in the bill with respect to the acquisition or asserted title on…