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UNITED STATES v. DUNN

No. 24380.

478 F.2d 443 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Michael DUNN (aka Mike Dunn), Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 22, 1973.

Attorney(s) appearing for the Case

Gregory R. Harris (argued), John Carlson, of Duryea, Carpenter & Barnes, Newport Beach, Cal., for defendant-appellant.

Dennis M. O'Connell, Atty. (argued), Raymond N. Zagone, Atty., Shiro Kashiwa, Asst. Atty. Gen., Lands and Natural Resources Division, Dept. of Justice, Washington, D. C., Robert L. Meyer, Thomas H. Coleman, Ernestine Tolin, Asst. U. S. Attys., San Francisco, Cal., for plaintiff-appellee.

Before KOELSCH, CARTER and WRIGHT, Circuit Judges.

KOELSCH, Circuit Judge.

This matter involves a dispute between the government and a group of persons, defendants, below, who are asserting an easement for a road across public lands.1 It is here on defendant's appeal from partial summary judgment holding defendants trespassers and the government entitled to immediate possession of the government lands over which defendants were constructing portions of the road at the time this suit was...

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