UNITED STATES v. KENNEDY

No. 16179.

278 F.2d 121 (1960)

UNITED STATES of America, Appellant, v. Dan T. KENNEDY, Appellee.

United States Court of Appeals Ninth Circuit.

April 13, 1960.


Attorney(s) appearing for the Case

William T. Plummer, U. S. Atty., Anchorage, Alaska, Perry W. Morton, Asst. Atty. Gen., A. Donald Mileur, Roger P. Marquis, Attys., Dept. of Justice, Washington, D. C., for appellant.

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

Before HAMLEY, JERTBERG, and KOELSCH, Circuit Judges.


HAMLEY, Circuit Judge.

The United States brought this action to acquire by condemnation two tracts of land within the exterior boundaries of Mount McKinley National Park, in Alaska. Pursuant to a stipulation thereafter entered into with the owner of one of these tracts, an uncontested judgment was entered under which the government acquired that tract. Dan T. Kennedy, owner of the other tract, moved to dismiss the complaint on the ground that it did not state a claim...

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