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UNITED STATES v. CROSS

No. 72-1492.

477 F.2d 317 (1973)

UNITED STATES of America, Plaintiff-Appellant, v. Harry S. CROSS, Jr., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided April 27, 1973.

Attorney(s) appearing for the Case

Edmund B. Clark, Chief, Appellate Section, Land and Natural Resources Division, Dept. of Justice, Washington, D. C. (Kent Frizzell, Asst. Atty. Gen., Jacques B. Gelin and Dennis M. O'Connell, Attys., Dept. of Justice, Washington, D. C.; James L. Treece, U. S. Atty., Charles W. Johnson, Asst. U. S. Atty., Denver, Colo., on the brief), for plaintiff-appellant.

Willis K. Kulp, Greeley, Colo., for defendant-appellee.

Before PICKETT, SETH and McWILLIAMS, Circuit Judges.

PICKETT, Circuit Judge.

The United States brought this action seeking an injunction to prevent Harry S. Cross from constructing a building on its easement over lands upon which the Bureau of Reclamation had constructed and was operating a high voltage electric transmission line. Cross admitted the proposed construction, but denied that it was an encroachment on the rights granted by the easement. The trial court held, on...

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