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Charles Nelson Pray

United States District Court for the District of Montana district Retired 1963 · served 1924–1963 Appointed by Calvin Coolidge (Republican) 25 signed orders read

Judge Pray no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Pray decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Pray treated circumstantial evidence as sufficient when the pleaded facts supported a reasonable inference rather than mere conjecture.

“Circumstantial evidence is sometimes more convincing and trustworthy than direct wherein contradictions occur.”

He looked to the full agreement, surrounding circumstances, correspondence, and course of dealing to identify the parties' contractual intent.

“Taking into consideration the original contract and the Amendment thereof, the correspondence, the evidence, able arguments of Counsel on the law and facts, surrounding circumstances and likewise the long continued friendly relationship of the two representatives of the parties to the action in their dealings with each other”

Procedural preferences

He required a statutory basis for jurisdiction over the United States and dismissed claims when consent to suit was absent.

“there is no statutory consent for filing the action against the United States of America”

When an indispensable cabinet officer could not be sued locally, he dismissed without prejudice so the plaintiffs could proceed in the proper district.

“dismissed without prejudice to the plaintiffs to commence a similar action against the Secretary of the Interior of the United States in the District of Columbia.”

Cautions

Public necessity could justify continued railway service despite substantial operating losses, but property remained protected against uncompensated taking.

“the property of the railway is entitled to full protection and cannot be taken without just compensation or without due process of law.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

United States v. 5,677.94 Acres of Land, More or Less, of Crow Reservation
· 1957-01-08
Motions to dismiss (landowner defendants) Denied

“the court believes that the motion to dismiss the complaint herein should be overruled and denied, and such is the order of the court herein.”

Gamble-Skogmo, Inc. v. McNair Realty Co.
· 1951-02-15
Claim for declaratory judgment (plaintiff tenant) Granted in part

“On the main proposition in this suit, the demand for a declaratory judgment on the percentage of sales of farm implements and parts, the defendant has won so far as this court is concerned but not in respect to its claim of forfeiture;”

Steele v. United States
· 1956-10-23
Claim for tax refund (taxpayer plaintiffs) Granted

“in the opinion of the court the plaintiffs are entitled to prevail in this action, and such is the decision of the court herein.”

Billings Utility Co. v. Federal Reserve Bank
· 1941-08-16
Motions to dismiss (defendant) Granted

“the motion to dismiss the action should be sustained on the first two grounds set forth, and it is so ordered.”

Rice Oil Co. v. United States
· 1933-09-08
Demurrer (United States) Granted

“The demurrer of defendant will therefore have to be sustained, and it is so ordered.”

United States v. Glacier County
· 1947-11-20
Claim to cancel patent and quiet title (United States) Denied

“the issues here should be found in favor of the defendants”

Role v. J. Neils Lumber Co.
· 1947-12-19
Motion to dismiss portal to portal claims (defendant employer) Granted

“the motion of defendant’s counsel should be granted on both grounds therein set forth, and such is the order of the court herein”

Brown v. Devlin
· 1953-08-04
Motions to dismiss (United States) Granted

“it would appear that an order sustaining the motion to dismiss should be entered, and such is the order of court herein.”

Mitchell v. Floyd Pappin & Son, Inc.
· 1954-04-19
Motion to dismiss counterclaim (plaintiff) Granted

“the counterclaim should be disallowed and the motion granted, and such is the order of the court herein.”

Larson v. Robinson
· 1955-08-31
Claim for tax refund (taxpayer plaintiff) Granted

“a sufficient showing appears to have been made to justify the court in finding for the plaintiff, and such is the decision herein.”

State ex rel. Morton v. Northern Pacific Railway Co.
· 1957-02-01
Motion to quash (respondent railway) Granted

“the said motions to quash in the pending cases should be granted, and such is the order ■of the court herein.”

United States v. Hartwig
· 1956-01-06
Claim for statutory relief (United States) Granted

“the relief prayed for by plaintiff in the amended complaint herein be granted, and such is the order of court herein, including costs.”

Caseload & timing

From public federal docket records for this judge.

The reviewed published decisions cover a broad range of civil and regulatory matters, but they do not establish the distribution of Pray's full caseload.

A historical record

Judge Pray no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.