United States v. 40 Acres of Land

HODGE, District Judge.

Plaintiff has moved the undersigned judge of the above entitled court to reconsider his opinion filed herein on March 10, 1958, wherein the Court sustained a motion of the defendant Dan T. Kennedy to dismiss plaintiff’s complaint (D.C., 160 F.Supp. 30). The motion to reconsider is granted and the Court has considered the matter anew upon briefs submitted by both parties.

Plaintiff relies in support of its principal contention that the authority for the taking of the land in question is evidenced by the Interior Department Appropriation Act of 1951, 65 Stat. 248 and the…