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U. S. v. PUBLIC AUCTION YARD, BILLINGS, MONT.

No. 78-2215.

637 F.2d 613 (1980)

UNITED STATES of America, Plaintiff-Appellant, v. PUBLIC AUCTION YARD, BILLINGS, MONTANA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 15, 1980.

Attorney(s) appearing for the Case

Leonard Schaitman, Freddi Lipstein (argued), Washington, D. C., on brief, for plaintiff-appellant.

Charles Brown, Helena, Mont., L. Randall Bishop (argued), Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Mont., on brief, for defendant-appellee.

Before SKOPIL and FARRIS, Circuit Judges, and THOMPSON, District Judge.

BRUCE R. THOMPSON, District Judge.

In the decision below, reported as United States v. Shaver, 447 F.Supp. 216 (D.Mont.1978), the District Court granted summary judgment to appellee, Public Auction Yards, Billings, Montana, and denied the cross-motion for summary judgment made by the United States. We have appellate jurisdiction (28 U.S.C. § 1291).

The action involves the interpretation and application of a...

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