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UNITED STATES v. WHARTON

Nos. 73-2732, 73-2831.

514 F.2d 406 (1975)

UNITED STATES of America and Rogers C. B. Morton, Secretary of the Interior, Plaintiffs-Appellants, v. Minnie E. WHARTON et al., Defendants-Appellees and Cross-Appellants. UNITED STATES of America and Rogers C. B. Morton, Secretary of the Interior, Plaintiffs-Appellees, v. Minnie E. WHARTON et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

March 18, 1975.

Attorney(s) appearing for the Case

Dirk Snel, Atty., U. S. Dept. of Justice, Land & Resources Div., Washington, D. C., for plaintiffs-appellants.

Jane Edwards (argued), of Burns & Edwards, Portland, Or., for defendants-appellees.

Before BROWNING and WRIGHT, Circuit Judges, and LINDBERG, District Judge.

OPINION

EUGENE A. WRIGHT, Circuit Judge:

The government appeals from a judgment of the district court ordering the Secretary of the Interior to issue a patent to 40 acres of public land claimed by the defendants under the Color of Title Act, 43 U.S.C. § 1068. The defendants cross-appeal, contending that the government should be estopped from claiming ownership of the land.

FACTUAL BACKGROUND

The facts stated in pretrial stipulations...

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