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UNITED STATES v. 20.53 ACRES OF LAND IN OSBORNE COUNTY

Nos. 75-1119, 75-1608.

527 F.2d 1000 (1976)

UNITED STATES of America, Appellee, v. 20.53 ACRES OF LAND IN OSBORNE COUNTY, KANSAS et al., Appellants.

United States Court of Appeals, Tenth Circuit.

Decided January 19, 1976.

Attorney(s) appearing for the Case

Jerry W. Hannah, Topeka, Kan. (Lloyd C. Bloomer, Osborne, Kan., and George B. Collins, Wichita, Kan., with him on the brief), for appellants.

Glen R. Goodsell, Atty., Dept. of Justice (Walter Kiechel, Jr., Acting Asst. Atty. Gen., E. Edward Johnson, U. S. Atty., Roger K. Weatherby, Asst. U. S. Atty., Raymond N. Zagone and Dirk D. Snel, Attys., Dept. of Justice, with him on the brief), for appellee.

Before LEWIS, Chief Judge, and SETH and McWILLIAMS, Circuit Judges.

PER CURIAM:

This case was before this court on a prior appeal reported at 478 F.2d 484. On remand the trial court made several findings which are determinative of one of the issues presented on this appeal.

One such finding (No. 10) was that the sewage treatment plant was capable of being operated, and together with the added chlorination plant, was functioning satisfactorily to meet the existing health standards. This finding...

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