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UNITED STATES v. SCHAEFFER

No. 18291.

319 F.2d 907 (1963)

UNITED STATES of America, Appellant, v. George SCHAEFFER, Jr., and Elsie Schaeffer, his wife, et al., Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied October 17, 1963.

Attorney(s) appearing for the Case

Ramsey Clark, Asst. Atty. Gen., Brockman Adams, U. S. Atty., Seattle, Wash., Roger P. Marquis, Elizabeth Dudley, Attorneys, Dept. of Justice, Washington, D. C., for petitioner.

Donald M. Bushnell, Ferndale, Wash., for respondent.

Before JERTBERG and BROWNING, Circuit Judges, and JAMESON, District Judge.

JAMESON, District Judge.

Appellant brought this action to recover construction and maintenance costs, enforce covenants running with the land, and foreclose liens, pursuant to repayment contracts executed by the appellees or their predecessors in title, in connection with the Lummi Diking Project constructed by the Government pursuant to the Act of March 18, 1926, 44 Stat. 211.1 The district court entered summary judgment for the appellees...

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