UNITED STATES v. WHEELER TP.

No. 9596.

66 F.2d 977 (1933)

UNITED STATES v. WHEELER TP.

Circuit Court of Appeals, Eighth Circuit.

July 20, 1933.


Attorney(s) appearing for the Case

Donald D. Harries, Sp. Asst. U. S. Atty., of Duluth, Minn. (Lewis L. Drill, U. S. Atty., of St. Paul, Minn., and D. N. Lindeman, of Duluth, Minn., Atty., U. S. War Department, on the brief), for the United States.

I. K. Lewis, of Duluth, Minn. (John H. Hougen, of Crookston, Minn., C. E. Berkman, of Chisholm, Minn., and Lewis, Hunt & Palmer, of Duluth, Minn., on the brief), for appellee.

Before STONE, VAN VALKENBURGH, and BOOTH, Circuit Judges.


STONE, Circuit Judge.

The United States and Canada entered into a Treaty to Regulate the Levels of the Lake of the Woods (July 17, 1925, 44 Stat. part. 3, p. 2108), which provided for a raise above natural levels. Under the treaty, the United States was to acquire perpetual flowage rights on land in the United States up to the level 1064 above sea datum. Congress passed acts (May 22, 1926, 44 Stat. pt. 2, p. 617, amended April 18, 1928, 45 Stat. pt. 1, p. 431) to...

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