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SMITH v. UNITED STATES

No. 7628.

333 F.2d 70 (1964)

Merrill P. SMITH, A. J. Jarnigan, and Allen D. Talbot, Board of Commissioners of the Third Division Irrigation District, Riverton Project, Wyoming, on behalf of themselves and numerous other entrymen similarly situated, Appellants, v. The UNITED STATES of America, the Department of Interior, Bureau of Reclamation, the Honorable Stewart Udall, Secretary of the Interior, and the Honorable Floyd E. Dominy, Commissioner of Reclamation, Appellees.

United States Court of Appeals Tenth Circuit.

June 3, 1964.

Attorney(s) appearing for the Case

J. J. Hickey of Hickey, Rooney & Walton, Cheyenne, Wyo., for appellants.

Elizabeth Dudley, Atty., Dept. of Justice (Ramsey Clark, Asst. Atty. Gen., Robert N. Chaffin, U. S. Atty., and Roger P. Marquis, Atty., Dept. of Justice, were with her on the brief), for appellees.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This action was brought by the settlers on an ill-fated federal reclamation project to recover their losses. Recovery is sought by way of mandamus1 and the Federal Tort Claims Act.2 The trial court sustained a motion to dismiss3 and this appeal followed.

The plaintiffs-appellants are the members of the Board of Commissioners of the Third Division...

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