U.S. v. STEPHENSON

No. 93-5662.

29 F.3d 162 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Mack STEPHENSON, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 13, 1994.


Attorney(s) appearing for the Case

ARGUED: Deborah Ann Ausburn, Asst. U.S. Atty., Asheville, NC, for appellant. Russell Lyway McLean, III, Waynesville, NC, for appellee. ON BRIEF: Jerry W. Miller, U.S. Atty., Asheville, NC, for appellant.

Before WILKINSON, Circuit Judge, BUTZNER, Senior Circuit Judge, and DOUMAR, United States District Judge for the Eastern District of Virginia, sitting by designation.


Reversed by published opinion. Judge WILKINSON wrote the opinion, in which Senior Judge BUTZNER and District Judge DOUMAR joined.

OPINION

WILKINSON, Circuit Judge.

Here we must decide whether hunting on land within the statutory boundaries of the Great Smoky Mountains National Park but in the custody of the Tennessee Valley Authority constitutes a violation of 16 U.S.C. § 403h-3, which prohibits hunting "within the limits of said park." We hold...

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