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TOWN OF GREENHORN v. BAKER COUNTY, OREGON

No. 77-2388.

596 F.2d 349 (1979)

TOWN OF GREENHORN, an Oregon Municipal Corporation, Gail L. Poyser, Miles F. Potter, Lillian Potter and Guy Miller, Plaintiffs-Appellees, v. BAKER COUNTY, OREGON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 22, 1979.

Attorney(s) appearing for the Case

Jesse R. Himmelsbach, Jr., Baker, Or., for defendant-appellant.

John C. Caldwell, Oregon City, Or., for plaintiffs-appellees.

Before WRIGHT and ANDERSON, Circuit Judges, and McNICHOLS, District Judge.

EUGENE A. WRIGHT, Circuit Judge:

Baker County appeals from a judgment declaring that it has no interest in disputed property within the Town of Greenhorn, Oregon, and appointing a successor trustee to the property pursuant to 43 U.S.C. § 718 (1970), the Townsite Act. Because the case does not present a federal question, the district court lacked jurisdiction. We reverse.

FACTS

The Townsite Act, 43 U.S.C. § 718 (1970),1...

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