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BENNETT COUNTY, SOUTH DAKOTA v. UNITED STATES

No. 18935.

394 F.2d 8 (1968)

BENNETT COUNTY, SOUTH DAKOTA, a Public Corporation, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

April 24, 1968.

Attorney(s) appearing for the Case

Robert J. Parker, State's Atty., Bennett County, Martin, S. D., for appellant; Frank L. Farrar, Atty. Gen. of State of South Dakota, Pierre, S. D., on the brief.

John G. Gill, Jr., Atty., Department of Justice, Washington, D. C., for appellee; Edwin L. Weisl, Jr., Asst. Atty. Gen., Department of Justice, Washington, D. C., Harold C. Doyle, U. S. Atty., Sioux Falls, S. D., and David V. Vrooman, Asst. U. S. Atty., Sioux Falls, S. D., on the brief.

Before MATTHES, GIBSON and HEANEY, Circuit Judges.

MATTHES, Circuit Judge.

Bennett County, South Dakota (hereinafter referred to as the County or appellant) appeals from the judgment of the district court permanently enjoining it from constructing, maintaining or using a road across certain land lying within its confines. United States v. Bennett County, South Dakota, 265 F.Supp. 249 (D.So.Dak.1967). Title to this land is in the United States, in trust, for the use and benefit...

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