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ACTON v. UNITED STATES

Nos. 21980, 21980-A.

401 F.2d 896 (1968)

Grant M. ACTON et al., Appellants, v. UNITED STATES of America, Appellee. V. W. CLIFTON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 7, 1968.

Rehearing Denied February 11, 1968.

Certiorari Denied March 3, 1969.

Attorney(s) appearing for the Case

Thayer C. Lindauer (argued), Phoenix, Ariz., for appellants.

V. W. Clifton (argued), Elyria, Ohio, Clyde O. Martz, Asst. Atty. Gen., Stephen C. Glassman, Land & Nat. Resources Div., A. Donald Mileur, Jacques B. Gelin, Washington, D. C., Edward E. Davis, U. S. Atty., Richard S. Allemann, Asst. U. S. Atty., Phoenix, Ariz., for appellee.

Before CHAMBERS and ELY, Circuit Judges, and VON DER HEYDT, District Judge.

Rehearing Denied in 21980-A November 7, 1968.

Rehearing Denied in 21980 February 11, 1968.

Certiorari Denied March 3, 1969. See 89 S.Ct. 1003.

VON DER HEYDT, District Judge.

This action was originated by the United States, appellee herein, in condemnation of certain property interests under Title 40 U.S.C. Section 257, and Title 10, U.S.C. Section 2663. The appeal is taken from the District Court's summary judgment entered November 3, 1966...

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