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UNITED STATES v. 1,550.44 ACRES OF LAND, CTY. OF McLEAN, N. D.

Civ. No. 1135.

369 F.Supp. 1078 (1974)

UNITED STATES of America, Plaintiff, v. 1,550.44 ACRES OF LAND, MORE OR LESS, IN the COUNTY OF McLEAN, STATE OF NORTH DAKOTA, et al., Defendants.

United States District Court, D. North Dakota, Southwestern Division.

January 22, 1974.

Attorney(s) appearing for the Case

Eugene K. Anthony, Asst. U. S. Atty., Fargo, N. D., for plaintiff.

Floyd B. Sperry, Bismarck, N. D., for defendants.

ORDER

Van SICKLE, District Judge.

Landowner, Albert Wall has, by motion, asked this Court to re-open the question of the necessity of the taking of his land for a canal for the Garrison Diversion Unit. He urges that there are a myriad of facts which constitute reasons why "necessity" does not, in fact, exist. Counsel for the movant asks for an order opening the question of necessity and granting him a hearing at which he proposes, first, to prove the existence...

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