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U.S. v. GILKERSON

No. 08-1138.

556 F.3d 854 (2009)

UNITED STATES of America, Appellant, v. Caleb GILKERSON, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 24, 2009.

Attorney(s) appearing for the Case

Mark E. Salter, AUSA, Sioux Falls, SD, for appellant.

Caleb M. Gilkerson, Pierre, SD, pro se.

Before WOLLMAN, BEAM, and BENTON, Circuit Judges.

PER CURIAM.

The United States appeals the district court's holding that an individual does not qualify as a "migratory bird preservation facility" for purposes of the Migratory Bird Treaty Act (MBTA), 16 U.S.C. §§ 703-712. We reverse.

I. BACKGROUND

Caleb Gilkerson owns and operates Steamboat Game and Fish, Inc., in Pierre, South Dakota. Steamboat, among other services, processes hunted geese...

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