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UNITED STATES v. COBB

Nos. 18836, 18965.

328 F.2d 115 (1964)

UNITED STATES of America, Appellant, v. William Lucian COBB, etc., and 40.52 Acres of Land in Siskiyou County, State of California, Appellees. UNITED STATES of America, Appellant, v. Hon. Sherrill HALBERT, Respondent.

United States Court of Appeals Ninth Circuit.

February 19, 1964.

Attorney(s) appearing for the Case

Ramsey Clark, Asst. Atty. Gen., Roger P. Marquis and A. Donald Mileur, Attys., Dept. of Justice, Washington, D. C., Cecil F. Poole, U. S. Atty., J. Harold Weise, and Charles R. Renda, Asst. U. S. Attys., San Francisco, Cal., for appellant.

Hurley & Bigler, Yreka, Cal., Morley, Thomas & Orona, Lebanon, Or., and Weatherford, Thompson & Horton and Orval Thompson, Albany, Or., for appellees.

Before POPE, JERTBERG and BROWNING, Circuit Judges.

POPE, Circuit Judge.

In this case the Government sought to condemn a right of way through the Rogue River National Forest over some unpatented mining claims for access to certain timber stands. In connection with the condemnation it filed a declaration of taking and deposited the sum of $1.00 as the estimated amount of damages or value involved, pursuant to the Act of February 26, 1931, 46 Stat. 1421, 40 U.S.C. § 258a-e. The Government's effort was to condemn...

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