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UNITED STATES v. HUDSPETH

Nos. 20905, 20906.

384 F.2d 683 (1967)

UNITED STATES of America, Appellant, v. John HUDSPETH et al., Appellees. John HUDSPETH et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

September 11, 1967.

Attorney(s) appearing for the Case

Sidney Lezak, U. S. Atty., Portland, Or., Edwin L. Weisl, Jr., Asst. Atty. Gen., Roger P. Marquis, William M. Cohen, Attys., Lands Division, Dept. of Justice, Washington, D. C., for appellant & cross-appellee.

Bodie & Minturn, Prineville, Or. Cake, Jaureguy, Hardy, Buttler & McEwen, Donald W. McEwen, Portland, Or., for appellees & cross-appellants.

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

BROWNING, Circuit Judge:

The United States sought damages from the Hudspeths for cutting and removing timber from federally owned lands in Township 11 South, Range 19 East, Willamette Meridian, Oregon. The Hudspeths contended that the lands from which most of the timber was removed were privately owned lands adjoining those owned by the government. Thus the principal issue at trial was the proper location of the boundary between the properties.

The west side...

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