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BARCLAY v. UNITED STATES

Nos. 165-61, 164-61.

333 F.2d 847 (1964)

Harold BARCLAY and Dorothy Barclay v. The UNITED STATES. Philip DAHL and Dorothy Dahl v. The UNITED STATES.

United States Court of Claims.

Rehearing Denied October 16, 1964.

Attorney(s) appearing for the Case

Charles P. Duffy, Portland, Or., for plaintiffs. William T. Schantz, Portland, Or. and Fred S. Gilbert, Jr., Washington, D. C., were on the briefs.

J. Mitchell Reese, Jr., Washington, D. C., with whom was Asst. Atty. Gen. Louis F. Oberdorfer, for defendant. Edward S. Smith, Lyle M. Turner and Philip R. Miller, Washington, D. C., were on the brief.

Before JONES, Chief Judge, and WHITAKER, LARAMORE, DURFEE and DAVIS, Judges.

WHITAKER, Judge.

Stated in its simplest terms and omitting some important details, plaintiffs' claim is that they acquired ownership of the timber on a certain tract of land by virtue of a contract with the Indian Service of the Department of the Interior, and that they disposed of it to a corporation organized by them and of which they were the sole stockholders, except for two qualifying shares, after having held it for more than six months, and that they are thus...

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