UNITED STATES v. HATAHLEY

No. 5717.

257 F.2d 920 (1958)

UNITED STATES of America, Appellant, v. Bill HATAHLEY, Widow Sleepy, Charlie Burke, Lucy Harvey, Shorty Smiles, Notona Begay, Mark Tootsonian, Mary Jay, John Jay, Frank Joe, Danny Jones, Jim Antez, Cyrus Begay, Allen Ben, Willie Harvey, Tom Jones, Hosteen Sakezzie, Fred Johnson, Jim Hatahley, Billie Antez, Little Wagon, Tom Mustash, Slim Todachennie, Mary's Boy, Eddie Nocki, Susie Sleepy, Mrs. Lilly Thomas, Jim Harvey, Tom's Father, and Tom Belatso, Appellees.

United States Court of Appeals Tenth Circuit.

July 11, 1958.


Attorney(s) appearing for the Case

Harold S. Harrison, Atty., Dept. of Justice, Washington, D. C. (Perry W. Morton, Asst. Atty. Gen., A. Pratt Kesler, U. S. Atty., Salt Lake City, Utah, Llewellyn O. Thomas, Asst. U. S. Atty., Salt Lake City, Utah, and Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., were with him on the brief), for appellant.

Dennis McCarthy, Salt Lake City, Utah (Milton A. Oman, Salt Lake City, Utah, was with him on the brief), for appellees.

Before BRATTON, Chief Judge, and MURRAH, PICKETT, LEWIS and BREITENSTEIN, Circuit Judges.


PICKETT, Circuit Judge.

This case is before us for the second time. It was brought by the plaintiffs, who are Indians of the Navajo tribe, under the provisions of the Federal Tort Claims Act (28 U.S.C.A. §§ 1346(b) and 2671 et seq.), to recover $100,000 as damages for the loss of horses and burros which they allege were wrongfully and unlawfully seized and destroyed in the State of Utah by agents of the United States Bureau of Land Management. The trial...

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