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WALTON v. UNITED STATES

No. 9645.

415 F.2d 121 (1969)

Paul T. WALTON and Helen E. Walton, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

September 3, 1969.

Attorney(s) appearing for the Case

James R. Learned, Cheyenne, Wyo., for appellants.

Frank B. Friedman, Dept. of Justice, Washington, D. C. (Clyde O. Martz, Asst. Atty. Gen., Washington, D. C., Robert N. Chaffin, U. S. Atty., Cheyenne, Wyo., and Edmund B. Clark, Dept. of Justice, Washington, D. C., on the brief), for appellee.

Robert A. Hufsmith, Jackson, Wyo., amicus curiae on behalf of Harry Barker, Jr., John E. P. Morgan, Jack Huyler, Orin Soest, Dave Evans, Cal Matthew, Rene Jourdan, Gene Jarvis, Rev. Barry Cox, Byron Jenkins, Robert M. Cannon and Dallas Klinger.

Before PHILLIPS, HILL and HICKEY, Circuit Judges.

HICKEY, Circuit Judge.

This is an appeal from a judgment quieting title in the United States to certain undescribed riparian fast land omitted from the original survey.

The issue presented on appeal is, between the equitable owner of the patented adjacent land and the United States, who owns the omitted lands?

The land in question lies between land admittedly owned by the appellants, described as Lots 5, 6 and 7, Section 13, and Lots 1 and 2, Section...

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