The following excerpt is from Linn & Lane Timber Co. v. United States, 196 F. 593 (9th Cir. 1912):
The doctrine of that case has been reaffirmed in numerous subsequent decisions. In Rosenthal v. Walker, 111 U.S. 185, 4 Sup.Ct. 382, 28 L.Ed. 395, the court said:
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