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UNITED STATES v. TOOLE

Civ. No. 366.

224 F.Supp. 440 (1963)

UNITED STATES of America, Plaintiff, v. James W. TOOLE, Peter G. Milohov, Leonora E. Toole, Adele O. Milohov, Susan C. Milohov, Lillian E. Toole, E. W. Boegler, Nicolo Ottolino, and Tracana Enterprises, Inc., Defendants.

United States District Court D. Montana, Billings Division.

November 29, 1963.

Attorney(s) appearing for the Case

Moody Brickett, U. S. Atty., for District of Montana, Butte, Mont., and Richmond F. Allan, Asst. U. S. Atty., Billings, Mont., for plaintiff.

Sandall, Moses & Cavan and John P. Acher, Billings, Mont., for defendants.

JAMESON, District Judge.

This is a civil action brought by the United States to cancel mining claims located on land belonging to the United States, to quiet the title of the United States, and to recover damages for alleged trespass and conversion of materials from the land. The land is located within the Lewis and Clark National Forest, in Judith Basin and Meagher Counties, Montana, and contains approximately 160 acres described as the Northeast Quarter of Section...

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