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OMAN v. UNITED STATES

No. 3923.

179 F.2d 738 (1949)

OMAN et al. v. UNITED STATES.

United States Court of Appeals Tenth Circuit.

December 19, 1949.

Attorney(s) appearing for the Case

Milton V. Backman, Salt Lake City, Utah for appellants.

John C. Harrington, Department of Justice, Washington, D. C. (A. Devitt Vanech, Assistant Attorney General, Scott M. Matheson, United States Attorney, Salt Lake City, Utah, and Roger P. Marquis, Department of Justice, Washington, D. C., were with him on the brief), for appellee.

Before PHILLIPS, Chief Judge, MURRAH, Circuit Judge, and RICE, District Judge.

MURRAH, Circuit Judge.

This is an action against the United States brought under the provisions of the Federal Tort Claims Act, as amended, 28 U.S.C.A. §§ 1346(b), 2671-2680, and arising out of the Taylor Grazing Act, as amended, 43 U.S.C.A. §§ 315-315q, and the Federal Range Code for Grazing Districts, 43 C.F.R. Sec. 161.1 et seq., promulgated by the Secretary of the Interior pursuant to the authority vested in him by the Taylor Act.

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