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UNITED STATES v. 39.20 ACRES OF LAND, ETC.

Civ. No. 3003.

143 F.Supp. 623 (1955)

UNITED STATES of America, Plaintiff, v. 39.20 ACRES OF LAND, MORE OR LESS, in the COUNTIES of WILLIAMS, ETC., Burleigh, Stutsman and Cass, STATE OF NORTH DAKOTA; Howard C. Hammond, et al., and Unknown Owners, Defendants.

United States District Court D. North Dakota, Southeastern Division.

January 11, 1955.

Attorney(s) appearing for the Case

Robert Vogel, U. S. Atty., Fargo, N. D., by John J. Mulready, Asst. U. S. Atty., Fargo, N. D., for plaintiff.

Milton K. Higgins, of Higgins & Donahue, Bismarck, N. D., for defendants Howard C. Hammond and Helen F. Hammond.

VOGEL, Circuit Judge.

Plaintiff, by this action, seeks to obtain an easement over certain lands described in the complaint, specifically asking for the:

"* * * right, privilege and easement to construct, operate and maintain an electric transmission line with all poles, crossarms, cables, wires, guys, supports, fixtures and devices used or useful in the operation of said line through, over and across said lands (a strip of land 125 feet in width described...

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