ALONZO v. UNITED STATES

No. 5610.

249 F.2d 189 (1957)

Lupe ALONZO, Jim Alonzo, Joe Alonzo and Valentino Alonzo, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

September 25, 1957.


Attorney(s) appearing for the Case

Lorenzo A. Chavez and Arturo G. Ortega, Albuquerque, N. M. (R. F. Deacon Arledge, Charles Driscoll, Albuquerque, N. M., Thurman Arnold, Walton Hamilton, William D. Rogers, Washington, D. C., and Melvin L. Robins, Albuquerque, N. M., were with them on the briefs), for appellants.

Fred W. Smith, Atty., Dept. of Justice, Washington, D. C. (Perry W. Morton, Asst. Atty. Gen., James A. Borland, U. S. Atty., Albuquerque, N. M., and Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., were with him on the brief), for appellee.

Santiago E. Campos, Asst. Atty. Gen., State of New Mexico (Fred M. Standley, Atty. Gen., State of New Mexico, was with him on the brief), amicus curiae.

Bryan G. Johnson, Albuquerque, N. M., Richard G. Cooper, Albuquerque, N. M., James T. Finlen, Butte, Mont., and Ralph D. Ray, New York City, filed a brief amicus curiae for Anaconda Copper Co.

Before BRATTON, Chief Judge, and PHILLIPS and BREITENSTEIN, Circuit Judges.


PHILLIPS, Circuit Judge.

On January 25, 1957, Lupe Alonzo, Jim Alonzo, Joe Alonzo, Valentino Alonzo and James Garcia commenced an action in the District Court of the Second Judicial District in and for the County of Valencia, State of New Mexico, against John Herndon, Anaconda Copper Mining Company, a corporation, the Pueblo of Laguna1 and Clemente Lente, as governor of the Pueblo and in his individual capacity, and against Willie Creager...

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