OSBORNE v. UNITED STATES

No. 10755.

145 F.2d 892 (1944)

OSBORNE et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

November 24, 1944.


Attorney(s) appearing for the Case

Woolf & Shute, of Phoenix, Ariz., for appellants.

Norman M. Littell, Asst. Atty. Gen., Frank E. Flynn, U. S. Atty., and Charles A. Carson, Sp. Atty., Dept. of Justice, all of Phoenix, Ariz., and Vernon L. Wilkinson and S. Billingsley Hill, Attys., Dept. of Justice, both of Washington, D. C., for appellee.

Before DENMAN, STEPHENS, and HEALY, Circuit judges.


STEPHENS, Circuit Judge.

The Osbornes, appellants herein, were in possession of a contiguous area of stock grazing land consisting of land owned by them, land leased by them, and land in the Kaibab National Forest under permit (36 Code of Federal Regulations, § 231.9) issued to them. Before the institution of this litigation the national forest land under permit was declared appropriated for military purposes.

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