United States v. Buday
District Court, D. Montana
1Opinion of the Court
ORDER
MOLLOY, Chief Judge.
I. Factual & Procedural Background
Fred Burr Creek wends its way through a small segment of southwestern Montana. “Creek” is a seasonal misnomer; during spring runoff, Fred Burr Creek thunders through its broad valley at a deafening roar. See Gov’t Ex. 8 (videotape). The Creek is too wide to jump across, up to 20 or 30 feet wide in some locations, and approximately six inches to two or three feet deep, depending on location and time of year. See Transcript of Hearing, March 29-30, 2001 (“Tr.”), at 19, 54, 67. While its level of flow varies, there is always water in the…
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- United States v. BassSupreme Court of the United States · 1971
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