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OGLE v. UNITED STATES

No. 19548.

362 F.2d 899 (1966)

Mabry OGLE, dba Ogle Logging Co., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

June 22, 1966.

Attorney(s) appearing for the Case

Gene L. Brown, R. Gene Smith, Grants Pass, Or., for appellants.

Ramsey Clark, Asst. Atty. Gen., Roger P. Marquis, Robert M. Perry, Attys., Dept. of Justice, Washington, D. C., Sidney I. Lezak, U. S. Atty., Portland, Or., for appellee.

Before CHAMBERS, Circuit Judge, MADDEN, Judge of the Court of Claims, and JERTBERG, Circuit Judge.

CHAMBERS, Circuit Judge.

At times pertinent here, Ogle was the owner in fee of the south one-fourth of a section of land (160 acres) plus 40 acres immediately adjoining to the east. His area was one and one-quarter miles long and one-fourth mile wide. The United States owned 200 acres contiguous to the north boundary of Ogle and 40 acres contiguous to the east. All was timber land.

The government in 1962 filed a complaint charging Ogle with cutting and removing...

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