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SCOTT LUMBER COMPANY v. UNITED STATES

No. 20993.

390 F.2d 388 (1968)

SCOTT LUMBER COMPANY, Inc., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied March 11, 1968.

Attorney(s) appearing for the Case

Henry Gifford Hardy (argued), San Francisco, Cal.; Alfred B. McKenzie, Carmichael, Cal., William E. Rollow, Washington, D. C., for appellant.

Edwin L. Weisl, Jr., Asst. Atty. Gen., John P. Hyland, U. S. Atty., Sacramento, Cal., S. Billingsley Hill (argued), Roger P. Marquis, Attys., Dept. of Justice, Washington, D. C., Charles R. Renda, Asst. U. S. Atty., Lands Division, San Francisco, Cal., for appellee.

Before JERTBERG and DUNIWAY, Circuit Judges, and WEIGEL, District Judge.

JERTBERG, Circuit Judge:

This appeal arises from a condemnation proceeding instituted by the United States, on behalf of the United States Forest Service, seeking to acquire an estate in timber land belonging to appellant, Scott Lumber Company, Inc., consisting of "easements for highways in all existing roads and all timber thereon, subject to easements for existing public utilities, if any, and in case of permanent abandonment...

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