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WITTMAYER v. UNITED STATES

No. 9625.

118 F.2d 808 (1941)

WITTMAYER et ux. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

April 8, 1941.

Attorney(s) appearing for the Case

C. D. Borton, of Glasgow, Mont., George W. Farr, of Miles City, Mont., and Joseph C. Tope, of Stockton Cal., for appellants.

Norman M. Littell, Asst. Atty. Gen., Charles R. Denny, Jacob N. Wasserman, and Roger Marquis, Attys., Department of Justice, all of Washington, D. C., John B. Tansil, U. S. Atty., of Billings, Mont., and C. W. Buntin, Sp. Asst. to U. S. Atty, of Fort Peck, Mont., for appellee.

Before GARRECHT and HEALY, Circuit Judges, and ST. SURE, District Judge.

ST. SURE, District Judge.

Under acts of Congress1 the United States instituted suit in the District Court of Montana against defendants (appellants here) to acquire by condemnation lands on an island in the Missouri river, for the construction of the Fort Peck Dam and Reservoir Project.2

On May 8, 1920, defendant Walter J. Wittmayer made application for a homestead entry for three fractional lots, ...

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