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UNITED STATES v. CITY OF BELLEVUE, NEBRASKA

No. 72-1003.

474 F.2d 473 (1973)

UNITED STATES of America, Appellee, v. CITY OF BELLEVUE, NEBRASKA, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 10, 1973.

As Modified on Denial of Rehearing and Rehearing March 1, 1973.

Attorney(s) appearing for the Case

David S. Lathrop, Omaha, Neb., for appellant.

Eva R. Datz, Atty., Appellate Section, Land and Natural Resources Div., Dept. of Justice, Washington, D. C., for appellee.

Before BRIGHT and STEPHENSON, Circuit Judges, and TALBOT SMITH, District Judge.

As Modified on Denial of Rehearing and Rehearing En Banc March 1, 1973.

PER CURIAM.

The case before us is unique. Neither diligence of counsel nor our independent research had disclosed a case on all fours. What we have presented is an attempt by the City of Bellevue, Nebraska, to annex a SAC (Strategic Air Command) base, indeed, its headquarters, and its adjacent housing area, referred to in the record as the "Capehart housing area."

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