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UNITED STATES v. 40 ACRES OF LAND, ETC.

No. A-12883.

162 F.Supp. 939 (1958)

UNITED STATES of America, Plaintiff, v. 40 ACRES OF LAND, SITUATE IN NENANA RECORDING PRECINCT, FOURTH DIVISION, TERRITORY OF ALASKA, and Dan T. Kennedy, et al., Defendants.

District Court, Alaska, Third Division, Nome.

June 13, 1958.

Attorney(s) appearing for the Case

William T. Plummer, U. S. Atty., Donald A. Burr, Asst. U. S. Atty., Anchorage, Alaska, for plaintiff.

Davis, Hughes & Thorsness, Anchorage, Alaska, for defendants.

HODGE, District Judge.

Plaintiff has moved the undersigned judge of the above entitled court to reconsider his opinion filed herein on March 10, 1958, wherein the Court sustained a motion of the defendant Dan T. Kennedy to dismiss plaintiff's complaint (D.C., 160 F.Supp. 30). The motion to reconsider is granted and the Court has considered the matter anew upon briefs submitted by both parties.

Plaintiff relies in support...

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