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NICODEMUS v. WASHINGTON WATER POWER COMPANY

No. 16054.

264 F.2d 614 (1959)

Julia NICODEMUS and R. H. Spencer et al., Appellants, v. WASHINGTON WATER POWER COMPANY, a Corporation, United States of America, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied April 21, 1959.

Attorney(s) appearing for the Case

Samuel W. Fancher, Carl Maxey, Spokane, Wash., for appellants.

Paine, Lowe, Coffin & Herman, John Huneke, Spokane, Wash., W. F. McNaughton, McNaughton & Sanderson, Coeur d'Alene, Idaho, Ben Peterson, U. S. Atty., Boise, Idaho, Perry W. Morton, Asst. Atty. Gen., Roger P. Marquis, Atty., Department of Justice, Washington, D. C., for appellee.

Before JAMES ALGER FEE, HAMLIN and JERTBERG, Circuit Judges.

JERTBERG, Circuit Judge.

We are required in this case to determine the validity of an order of the United States District Court for the District of Idaho, decreeing condemnation of an easement for the construction and maintenance of an electric transmission line over and along a portion of a designated 40 acre tract of land in Idaho which was allotted in severalty to appellant Julia Nicodemus, an enrolled member of the Coeur d'Alene Indian Tribe, the title to which...

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