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U.S. v. GATES OF THE MOUNTAINS LAKESHORE HOMES

No. 83-4041.

732 F.2d 1411 (1984)

UNITED STATES of America, Plaintiff-Appellant, v. GATES OF THE MOUNTAINS LAKESHORE HOMES, INC., et al., Defendants-Appellees, and Mountain States Telephone & Telegraph Company, et al., Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 8, 1984.

Attorney(s) appearing for the Case

Thomas H. Pacheco, Atty., U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant.

P. Keith Keller, Keller, Reynolds, Drake, Sternagen & Johnson, Thomas C. Honzel, Lawrence D. Huss, Jerome T. Loendorf, Harrison, Loendorf & Poston, Helena, Mont., for Gates of the Mountains et al.

Before WRIGHT, GOODWIN and NORRIS, Circuit Judges.

GOODWIN, Circuit Judge.

The United States appeals from a determination that its property rights are not violated by a power line laid along a road traversing public land. We reverse.

The American Bar Road, which crosses the Helena National Forest, provides access to Gates of the Mountain Lakeshore Homes, a residential subdivision in Lewis and Clark County, Montana. In 1975, the Montana Power Company applied to the Forest Service for permission to run a powerline...

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