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UNITED STATES v. 967,905 ACRES OF LAND, ETC., STATE OF MINN.

Nos. 20709, 20710.

447 F.2d 764 (1971)

UNITED STATES of America, Appellant and Cross-Appellee, v. 967,905 ACRES OF LAND, MORE OR LESS, Situate IN COOK, ET AL., COUNTIES, STATE OF MINNESOTA, et al., Jacob L. Pete and James W. Pete, Appellees and Cross-Appellants.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied September 23, 1971.

As Modified October 1, 1971.

Attorney(s) appearing for the Case

Solly Robins, Steven H. Goldberg, Robins, Davis & Lyons, St. Paul, Minn., for appellees and cross-appellants, Jacob and James Pete.

Carl Strass, Atty., Land and Natural Resources Div., Dept. of Justice, Washington, D. C., Shiro Kashiwa, Asst. Atty. Gen., Robert G. Renner, U. S. Atty., Thorwald D. Anderson, Jr., Asst. U. S. Atty., Minneapolis, Minn., Edmund B. Clark, Atty., Department of Justice, Washington, D. C., for appellant.

Before MATTHES, Chief Judge, GIBSON, Circuit Judge, and HENLEY, District Judge.

HENLEY, Chief District Judge.

These cases represent an appeal and cross appeal from a final judgment of the United States District Court for the District of Minnesota awarding just compensation in an eminent domain case. The Government is appellant and the landowners are appellees in the basic appeal; their positions are reversed in the cross appeal.

The land involved which we will refer to as Tract 3520 or as "the Pete property" is located on Hoist Bay in...

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