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POWELL v. UNITED STATES

No. 5259.

233 F.2d 851 (1956)

Alfred Heber POWELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

May 21, 1956.

Attorney(s) appearing for the Case

Milton A. Oman, Salt Lake City, Utah, and Zar E. Hayes, Salt Lake City, Utah, on the brief for appellant.

B. Jenkins Middleton, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., A. Pratt Kesler, U. S. Atty., Salt Lake City, Utah, Paul A. Sweeney and Benjamin Forman, Attorneys, Department of Justice, Washington, D. C., on the brief), for appellee.

Before BRATTON, Chief Judge, and HUXMAN and PICKETT, Circuit Judges.

BRATTON, Chief Judge.

Invoking the provisions of the Tort Claims Act, as amended, Alfred Heber Powell instituted this action against the United States for damages and for an injunction. The substance of the cause of action as pleaded in the complaint was that at all times material to the action, plaintiff had been the holder of valid placer mining claims covering approximately 4400 acres of land; that at the time of the institution of the action, he owned title to...

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