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SHULTZ v. DEPARTMENT OF ARMY, U.S.

Nos. 92-35197, 92-35580.

10 F.3d 649 (1993)

Paul G. SHULTZ, Plaintiff-Appellant, v. DEPARTMENT OF ARMY, UNITED STATES OF AMERICA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 30, 1993.

Attorney(s) appearing for the Case

Joseph W. Sheehan, Fairbanks, AK, for plaintiff-appellant.

William B. Lazarus, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for defendant-appellee.

Before: SCHROEDER, FLETCHER and ALARCON, Circuit Judges.

OPINION

FLETCHER, Circuit Judge:

Paul G. Shultz appeals the district court's judgment in favor of the government in his action to quiet title under 28 U.S.C. § 2409a to a public right (or rights) of way across Fort Wainwright. He argues that the district court erred in finding that no rights of way existed within the meaning of 43 U.S.C. § 932 ("RS 2477 rights of way"),1 or...

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