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UNITED STATES v. HOERNER

Civ. No. 1926.

157 F.Supp. 563 (1957)

UNITED STATES of America, Plaintiff, v. Jack E. HOERNER et al., Defendants.

United States District Court D. Montana, Great Falls Division.

December 20, 1957.

Attorney(s) appearing for the Case

Krest Cyr, U. S. Atty., Butte, Mont., and Dale F. Galles, Asst. U. S. Atty., Billings, Mont., for plaintiff.

Dale L. McGarvey, Kalispell, Mont., and Joseph F. Meglen, Billings, Mont., for defendants.

JAMESON, District Judge.

In this action the Government is condemning certain lands in Flathead County, Montana. The issue of just compensation was referred to three commissioners, and their report was filed August 23, 1957. Defendants have filed a motion to set aside and void the hearing before the commissioners, and their report, on the ground that "personal service of notice was not made on all persons having or claiming...

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