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UNITED STATES v. CLARKE

Nos. 77-2571, 77-3469.

590 F.2d 765 (1979)

UNITED STATES of America, Appellant, v. Glen M. CLARKE et al., Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied February 26, 1979.

Attorney(s) appearing for the Case

Carl Strass (argued), of Dept. of Justice, Washington, D. C., for appellant.

Richard A. Weinig (argued), of Anchorage, Alaska, for appellees.

Before WRIGHT, KENNEDY and TANG, Circuit Judges.

Rehearing Denied in No. 77-2571 February 26, 1979.

KENNEDY, Circuit Judge:

The United States filed this trespass suit as the owner in fee title of property held in trust after its patent to an Indian by allotment. See 25 U.S.C. §§ 331-332. A complete background of the case is set forth in our earlier opinion, United States v. Clarke, 529 F.2d 984 (9th Cir. 1976). The dispute concerns a road that was...

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