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ANDROS v. RUPP

No. 23480.

433 F.2d 70 (1970)

Nick ANDROS, Plaintiff-Appellant, v. Craig W. RUPP, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

October 30, 1970.

Attorney(s) appearing for the Case

William W. Becker (argued), Racine, Huntley, Herzog & Olson, Pocatello, Idaho, for plaintiff-appellant.

Sherman Furey, U. S. Atty., Jay F. Bates, Asst. U. S. Atty., Boise, Idaho, Dean Gardner, U. S. Dept. of Agriculture, Ogden, Utah, Glen E. Taylor, Acting Asst. Atty. Gen., Raymond N. Zagone, Frank B. Friedman, Attys., Dept. of Justice, Washington, D. C., for defendant-appellee.

Before JERTBERG, DUNIWAY and TRASK, Circuit Judges.

TRASK, Circuit Judge:

This is an action to enjoin the defendant, Craig W. Rupp, from interfering with the use and enjoyment of certain lands which the plaintiff alleges he owns.1

The United States contends that the court lacks jurisdiction because this was an unconsented suit against the sovereign. United States v. Sherwood, 312 U.S. 584, 586, 61 S.Ct. 767, 85 L.Ed. 1058 (1941). The district court...

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