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UNITED STATES v. HATAHLEY

Nos. 4933, 4952.

220 F.2d 666 (1955)

UNITED STATES of America, Appellant, v. Bill HATAHLEY et al., Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied April 15, 1955.

Attorney(s) appearing for the Case

S. Billingsley Hill, Washington, D. C., (Perry W. Morton, Asst. Atty. Gen., A. Pratt Kesler, U. S. Atty., Llewellyn O. Thomas, Asst. U. S. Atty., Salt Lake City, Utah, and John F. Cotter, Atty., Dept. of Justice, Washington, D. C., were with him on the brief), for appellant.

Milton A. Oman, Salt Lake City, Utah (Delbert M. Draper, Salt Lake City, Utah, was with him on the brief), for appellees.

Before MURRAH and PICKETT, Circuit Judges, and SAVAGE, District Judge.

Rehearing Denied No. 4933 April 15, 1955.

PICKETT, Circuit Judge.

The plaintiffs, all Navajo Indians, brought this action under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b) and 2671 et seq., to recover damages for the unlawful seizure and destruction of one hundred and fifteen horses and thirty-five burros belonging to plaintiffs. Agents of the Bureau of Land Management, ostensibly acting under the Utah "abandoned horse" statute, and under...

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