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UNITED STATES v. 4.18 ACRES OF LAND, ETC.

No. 75-2153.

542 F.2d 786 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. 4.18 ACRES OF LAND, MORE OR LESS, situate IN IDAHO COUNTY, STATE OF IDAHO, and Scott Stanford Harris, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

September 27, 1976.

Attorney(s) appearing for the Case

Herbert W. Rettig of Dunlap, Rettig & Rosenberry, Caldwell, Idaho, W. F. Schroeder, of Schroeder, Denning & Hutchens, Vale, Or., for defendants-appellants.

Paul L. Westburg, Asst. U. S. Atty., Boise, Idaho, Jacques B. Gelin and Eva R. Datz, Attys. of the Dept of Justice, Washington, D.C., for plaintiff-appellee.

Before BROWNING, MERRILL and LAY, Circuit Judges.

PER CURIAM:

The United States commenced this action on June 3, 1974, to condemn 4.18 acres of land in Idaho County, Idaho. The district court dismissed the action without prejudice as premature because the United States Forest Service had not complied prior to commencing the action, with regulations1 published by the Advisory Council on Historic Preservation under the National Historic Preservation...

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