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UNITED STATES v. 40 ACRES OF LAND, ETC.

Civ. No. A-12883.

160 F.Supp. 30 (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, Anchorage.

March 6, 1958.

Attorney(s) appearing for the Case

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

Davis, Hughes & Thorsness, Anchorage, Alaska, for defendant Dan T. Kennedy.

HODGE, District Judge.

Plaintiff in this action seeks to acquire by condemnation proceedings certain property owned by the defendant Dan T. Kennedy, consisting of a homestead and improvements thereon, described as "Tract A" in the complaint herein, located within the exterior boundaries of Mount McKinley National Park. Defendant filed an answer raising objections to the taking, pursuant to Rule 71A (e), Fed.Rules Civ.Proc. 28 U.S.C. At the time of the trial defendant...

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