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BURCH v. UNITED STATES

No. 5985.

41 F.2d 709 (1930)

BURCH v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

May 26, 1930.

Attorney(s) appearing for the Case

Huston, Huston & Huston and Percy Napton, all of Woodland, Cal., for appellant.

Geo. J. Hatfield, U. S. Atty., and Albert E. Sheets, Asst. U. S. Atty., both of Sacramento, Cal. (H. P. Dechant, Asst. Sol. Department of Agriculture, of San Francisco, Cal., of counsel), for the United States.

Before DIETRICH and WILBUR, Circuit Judges, and NORCROSS, District Judge.

NORCROSS, District Judge.

The United States, as owner of the public lands within Lassen National Forest, brought suit to enjoin the maintenance of a fence alleged to be located upon lands of the forest reserve, and which interfered with the construction of a certain road, authorized by the Secretary of Agriculture. From a decree in favor of the government, defendant appeals.

Appellant is the owner of lots 3 and 4 and S.½ of NW.¼ of section 1, township...

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