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DAWSON COUNTY, MONTANA v. HAGEN

No. 11821.

177 F.2d 186 (1949)

DAWSON COUNTY, MONTANA et al. v. HAGEN et al. HAGEN et al. v. YALE et al. UNITED STATES v. HAGEN et al.

United States Court of Appeals Ninth Circuit.

As Amended October 3, 1949.

Rehearing Denied November 3, 1949.

Attorney(s) appearing for the Case

D. C. Warren, E. W. Popham, Glendive, Mont., Cecil N. Brown, Terry, Mont., for appellants, Dawson and Prairie Counties.

D. J. O'Neil, Glendive, Mont., and P. F. Leonard, Miles City, Mont., for appellees, Hagan and others.

A. Devitt Vanech, Asst. Atty. Gen., Washington, D. C., John B. Tansil, U.S. Atty., Billings, Mont., John F. Cotter and Elizabeth Dudley, Attys., Dept. of Justice, Washington, D. C., for appellee, United States.

Before HEALY, BONE and ORR Circuit Judges.

PER CURIAM.

We think the court was without power to order the United States to pay any sum in addition to the amount awarded in the decree, that sum being the exact amount of the purchase price agreed upon with the two counties owning title to the lands condemned. Errors, if any, in the distribution of the amount awarded are not chargeable to the government. We are further satisfied that it was error to adjudge that Dawson and Prairie Counties return as overpayment...

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