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PETERSON v. UNITED STATES

No. 18690.

384 F.2d 664 (1967)

Vernon F. PETERSON et al., Appellants, v. UNITED STATES of America et al., Appellees.

United States Court of Appeals Eighth Circuit.

October 25, 1967.

Attorney(s) appearing for the Case

William R. Mills, Bismarck, N. D., made argument for appellants and filed brief.

Milton K. Higgins, Bismarck, N. D., for appellee; Bruce M. Van Sickle, of McGee, Van Sickle, Hankla & Backes, Minot, N. D., was on the brief.

Before MEHAFFY and GIBSON, Circuit Judges, and STEPHENSON, District Judge.

MEHAFFY, Circuit Judge.

The sole issue here is the ownership of a tract of land in North Dakota condemned by the United States, along with other land, for the construction of the Oahe Dam and Reservoir. The tract with which we are concerned is designated as No. 3562 located in Burleigh County and described in the condemnation proceedings as:

All that portion of Lots 2 and 3 of Section 27 lying Easterly of the left...

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