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United States v. Seest

Citation: 10 ELR 20984
No. No. 80-1349, 631 F.2d 107/(8th Cir., 10/08/1980)

The Eighth Circuit Court of Appeals affirms appellant's conviction for knowingly destroying real property of the United States located within the National Wildlife Refuge System by draining private land subject to an easement for waterfowl production. The court rules that appellant's construction of trenches to store water for irrigation pumping purposes clearly violated the terms of the easement and thus violated the law. The court remands the terms of probation because the lower court failed to specify how appellant was to make restitution in order to avoid imprisonment.

Counsel for Appellee
Richard A. Vosepka, Ass't U.S. Attorney
596 U.S. Cthse., 110 S. 4th St., Minneapolis MN 55401
(612) 332-8961

Counsel for Appellant
John A. Eidsmoe
Law Office Bldg., Fergus Falls MN 56537
(218) 736-5493

Bright, J. joined by Ross and Stephenson, JJ.