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UNITED STATES v. 1,216.83 ACRES OF LAND,

No. 75-1220.

573 F.2d 1054 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. 1,216.83 ACRES OF LAND, MORE OR LESS, IN KLICKITAT COUNTY, STATE OF WASHINGTON and Russell R. Kreps et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 27, 1978.

Attorney(s) appearing for the Case

Robert L. Klarquist (argued), Dept. of Justice, Civil Div., Washington, D. C., for plaintiff-appellant.

Ted Roy (argued), of Hovis, Cockrill & Roy, Yakima, Wash., for defendants-appellees.

Before BROWNING and ELY, Circuit Judges, and BATTIN, District Judge.

PER CURIAM:

In August 1971, the United States brought suit to condemn certain lands for a migratory bird refuge. The owners of one of the targeted parcels answered the complaint, challenging the existence of the required state consent to the federal acquisition.

The Migratory Bird Conservation Act requires two separate elements of state consent before the United States may acquire property within a particular state. Swan Lake Hunting Club v. United States...

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