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UNITED STATES v. STATE OF MONTANA

No. 10210.

134 F.2d 194 (1943)

UNITED STATES v. STATE OF MONTANA et al.

Circuit Court of Appeals, Ninth Circuit.

March 16, 1943.

Attorney(s) appearing for the Case

Norman M. Littell, Asst. Atty. Gen., John B. Tansil, U. S. Atty., of Billings, Mont., C. W. Buntin, Sp. Asst. to U. S. Atty., of Lewistown, Mont., and Vernon L. Wilkinson and Dwight D. Doty, Attys., Department of Justice, both of Washington, D. C., for appellant.

R. V. Bottomly, Atty. Gen., and Clarence Hanley, Asst. Atty. Gen., for appellee State of Montana.

Before GARRECHT, MATHEWS, and HANEY, Circuit Judges.

HANEY, Circuit Judge.

The United States appeals from a judgment dismissing a condemnation proceeding brought by it to condemn 3601.51 acres of land.

The complaint alleged that the purposes for which the land was sought were: "Prevention of soil erosion; sanctuary for the propagation and protection of migratory waterfowl by providing nesting, resting, and feeding grounds in effectuation of the treaty between the United States and Great Britain, August 16, 1916...

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