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RITTER v. MORTON

No. 73-1770.

513 F.2d 942 (1975)

Willis W. RITTER, Appellee, v. Rogers C. B. MORTON, Secretary of the Department of the Interior, et al., Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied June 5, 1975.

Attorney(s) appearing for the Case

Larry G. Gutterridge (argued), U. S. Dept. of Justice, Washington, D. C., for appellants.

Donald B. Holbrook (argued), Jones, Waldo, Holbrook, Salt Lake City, Utah, for appellee.

Before DUNIWAY and KILKENNY, Circuit Judges, and SWEIGERT, District Judge.

Rehearing and Rehearing En Banc Denied June 5, 1975.

OPINION

PER CURIAM:

This case involves the ownership of three islands located in the Snake River in Idaho. The action was brought by appellee, and jurisdiction was claimed under 5 U.S.C. §§ 701-706 (Administrative Procedure Act), 28 U.S.C. §§ 1361 (suit compelling officer to perform duty) and 2201, 2202 (declaratory judgment). After a full presentation of the evidence, the district...

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