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KOLSTAD v. UNITED STATES

No. 15871.

262 F.2d 839 (1959)

Clarence A. KOLSTAD and Alta A. Kolstad, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

As Modified on Denial of Rehearing February 3, 1959.

Attorney(s) appearing for the Case

Cedor B. Aronow, Elmo J. Cure, Shelby, Mont., for appellants.

Perry W. Morton, Asst. Atty. Gen., Roger P. Marquis, Elizabeth Dudley, Attys., Dept. of Justice, Washington, D. C., Krest Cyr, U. S. Atty., Butte, Mont., for appellee.

Before HEALY, POPE and HAMLIN, Circuit Judges.

HAMLIN, Circuit Judge.

An action was commenced by the United States in the District Court for the District of Montana to condemn certain lands in connection with the Tiber Dam and Reservoir in north central Montana. Several different parcels of land were joined in the action. Parcels 10 and 11 were alleged to be owned by Clarence A. Kolstad and Alta A. Kolstad, husband and wife. At the trial of the condemnation case before a jury, it developed from the testimony of...

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