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U.S. Code as of:
01/19/04
Section 346. Proceedings in actions for allotments
The plaintiff shall cause a copy of his petition filed under
section 345 of this title, to be served upon the United States
attorney in the district wherein suit is brought, and shall mail a
copy of same, by registered letter, to the Attorney General of the
United States, and shall thereupon cause to be filed with the clerk
of the court wherein suit is instituted an affidavit of such
service and the mailing of such letter. It shall be the duty of the
United States attorney upon whom service of petition is made as
aforesaid to appear and defend the interests of the Government in
the suit, and within sixty days after the service of petition upon
him, unless the time should be extended by order of the court made
in the case to file a plea, answer, or demurrer on the part of the
Government, and to file a notice of any counterclaim, set-off,
claim for damages, or other demand or defense whatsoever of the
Government in the premises: Provided, That should the United States
attorney neglect or refuse to file the plea, answer, demurrer, or
defense, as required, the plaintiff may proceed with the case under
such rules as the court may adopt in the premises; but the
plaintiff shall not have judgment or decree for his claim, or any
part thereof, unless he shall establish the same by proof
satisfactory to the court.
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