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HINSDALE LIVESTOCK CO. v. UNITED STATES

Nos. CV-80-157-BLG, CV-80-166-BLG.

501 F.Supp. 773 (1980)

HINSDALE LIVESTOCK COMPANY, Edwin Gerspacher, Howard Porter and John Brookie, Plaintiffs, v. The UNITED STATES of America, The United States Department of Interior, Bureau of Land Management, Cecil Andrus, Secretary of the Interior, Mike J. Penfold, Montana State Bureau of Land Management Director, Glenn Freeman, Lewistown District Bureau of Land Management Director, Gary L. Gerth, Glasgow Area Bureau of Land Management Manager, and Terrence E. Wilson, Authorized Officer of the Bureau of Land Management, Defendants. Edwin GERSPACHER, Plaintiff, v. The UNITED STATES of America, The United States Department of Interior, Bureau of Land Management, Cecil Andrus, Secretary of the Interior, Mike J. Penfold, Montana State Bureau of Land Management Director, Glenn Freeman, Lewistown District Bureau of Land Management Director, Gary L. Gerth, Glasgow Area Bureau of Land Management Manager, and Terrence E. Wilson, Authorized Officer of the Bureau of Land Management, Defendants.

United States District Court, D. Montana, Billings Division.

October 3, 1980.

Attorney(s) appearing for the Case

A. Clifford Edwards, Berger, Anderson, Sinclair, Murphy, Nelson, Edwards, McGimpsey & Molloy, Billings, Mont., for plaintiffs.

Robert L. Zimmerman, Asst. U. S. Atty., D. Montana, Billings, Mont., for defendants.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

BATTIN, Chief Judge.

This action came on for hearing Monday, the 29th day of September, 1980.

The Court, having considered the evidence at hearing, makes the following Findings of Fact and Conclusions of Law.

FINDINGS OF FACT

1. Plaintiffs have invoked jurisdiction based on the existence of a federal question and couch this action under the Fifth Amendment to the Constitution; the Court...

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