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OLSON v. UNITED STATES

No. 580.

292 U.S. 246 (1934)

54 S.Ct. 704

78 L.Ed. 1236

OLSON v. UNITED STATES.

Supreme Court of United States.

Decided April 30, 1934.

Attorney(s) appearing for the Case

Mr. I.K. Lewis, with whom Messrs. C.E. Berkman and John H. Hougen were on the brief, for petitioners.

Mr. Harry H. Peterson, Attorney General of Minnesota, and Mr. David J. Erickson, Assistant Attorney General, joined in petitioners' brief on behalf of the State of Minnesota.

Mr. Charles Bunn, with whom Solicitor General Biggs and Assistant Attorney General Blair were on the brief, for the United States.

Mr. George Wharton Pepper, with whom Mr. John E. Read was on the brief, for the Government of Canada.

MR. JUSTICE BUTLER delivered the opinion of the Court.

These cases arise in a condemnation proceeding instituted by the United States in the federal district court for Minnesota to acquire easements of flowage upon lands bordering upon the Lake of the Woods in that State. The only substantial question is whether, on the facts disclosed by the record and others of which judicial notice may be taken, the actual use and special adaptability of petitioners' shorelands...

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