UNITED STATES v. DOYLE

No. 710-70.

468 F.2d 633 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. James P. DOYLE and Florence A. Doyle, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

November 6, 1972.


Attorney(s) appearing for the Case

Harold L. Neufeld, Denver, Colo., for defendants-appellants.

Peter R. Steenland, Atty., Dept. of Justice, Washington, D. C. (Shiro Kashiwa, Asst. Atty. Gen., Washington, D. C., James L. Treece, U. S. Atty., Leonard Campbell, Asst. U. S. Atty., Denver, Colo., and Jacques B. Gelin, Atty., Dept. of Justice, Washington, D. C., on the brief), for plaintiff-appellee.

Before MURRAH, BREITENSTEIN and HOLLOWAY, Circuit Judges.


HOLLOWAY, Circuit Judge.

This is an action brought by the Government alleging occupancy trespass by defendants of a portion of the Pike National Forest and seeking injunctive relief against trespass and for removal of improvements from the property in dispute. The case was tried to the court. The trial court determined the boundary dispute in the Government's favor on the basis of a dependent resurvey. Injunctive relief was granted and this appeal followed.

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