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UNITED STATES v. 111.2 ACRES OF LAND, MORE OR LESS, IN FERRY COUNTY, WASHINGTON

No. 23161.

435 F.2d 561 (1970)

UNITED STATES of America, Appellant, v. 111.2 ACRES OF LAND, MORE OR LESS, IN FERRY COUNTY, WASHINGTON, State of Washington, et al., Appellees.

United States Court of Appeals, Ninth Circuit.

November 17, 1970.

Attorney(s) appearing for the Case

Donald Mileur (argued), Atty., Dept. of Justice, Shiro Kashiwa, Asst. Atty. Gen., Washington, D. C., Dean C. Smith, U. S. Atty., Robert M. Sweeney, Asst. U. S. Atty., Spokane, Wash., for appellant.

Harold T. Hartinger (argued), Asst. Atty. Gen., Slade Gorton, Atty. Gen., Tacoma, Wash., for appellees.

Before HAMLIN, BROWNING and TRASK, Circuit Judges.

PER CURIAM:

This is an action brought by the United States to quiet title to school lands located in the Columbia Basin Project. The United States claims an interest in the land under the Washington statute, R.C.W. 90.40.050, which if valid would relieve the United States of the duty to compensate the owner of the land, the State of Washington, for the taking.

The Honorable Charles L. Powell, after a documentary trial to him in the district court, held that...

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