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UNITED STATES v. WELTE

No. C2-81-49.

635 F.Supp. 388 (1982)

UNITED STATES of America, Plaintiff, v. Peter L. WELTE, Defendant.

United States District Court, North Dakota, Northeastern Division.

March 1, 1982.

Attorney(s) appearing for the Case

Lynn Crooks, Asst. U.S. Atty., Fargo, N.D., for plaintiff.

David A. Engen, Grand Forks, N.D., Murray G. Sagsveen, Bismarck, N.D., for defendant.

MEMORANDUM AND ORDER

BENSON, District Judge.

The above entitled case is before the court on defendant's timely appeal from the United States Magistrate's1 judgment of conviction entered against him for violation of 16 U.S.C. § 668dd(c). Appellant was found guilty of placing drain tiles in a ditch out of a pothole on his property. The property, located in Grand Forks County, North Dakota and described as the NW¼,

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