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KONECNY v. UNITED STATES

No. 18789.

388 F.2d 59 (1967)

Frank J. KONECNY, Appellant, v. UNITED STATES of America and Red Lake Drainage & Conservancy District, Appellees.

United States Court of Appeals Eighth Circuit.

December 12, 1967.

Attorney(s) appearing for the Case

Whitney E. Tarutis, Bemidji, Minn., for appellant.

William M. Cohen, Attorney, Land & Natural Resources Division, Dept. of Justice, Washington, D. C., for appellees; Edwin L. Weisl, Jr., Asst. Atty. Gen., and S. Billingsley Hill, Attorney, Washington, D. C., and Patrick J. Foley, U. S. Atty., Minneapolis, Minn., and Lloyd E. Boline, Asst. U. S. Atty., Minneapolis, Minn., on the brief.

Before VAN OOSTERHOUT, GIBSON and HEANEY, Circuit Judges.

FLOYD R. GIBSON, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of Minnesota dismissing the claim of Frank J. Konecny against the United States for the alleged taking and damaging of his property resulting from the construction and operation of the Red Lake-Clearwater River Flood Control Project.

On March 3, 1964, Konecny commenced an action against the United States Army Corps of Engineers and the Red...

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