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UNITED STATES v. 45,131.44 ACRES OF LAND, ETC., COLORADO

No. 72-1784.

483 F.2d 569 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. 45,131.44 ACRES OF LAND, MORE OR LESS, IN EL PASO, FREMONT AND PUEBLO COUNTIES, STATE OF COLORADO, et al., Defendants, Pueblo Quarries, Inc., and General Refractories Co., Inc., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided August 24, 1973.

Attorney(s) appearing for the Case

Eva R. Datz, Atty., Dept. of Justice (Kent Frizzell, Asst. Atty. Gen., James L. Treece, U.S. Atty., B. Richard Taylor, Asst. U.S. Atty., George R. Hyde, Sophie Cozier, and Max Findley, Attys., Dept. of Justice, on the brief), for plaintiff-appellee.

James A. Clark, and Walter A. Steele, Denver, Colo. (Berge, Martin & Clark, Warren O. Martin, Denver, Colo., Kenney, Stevens, Clark & Semple, Henry W. Fulton, Jr., Pittsburgh, Pa. and White & Steele, Denver, Colo. on the briefs) for defendants-appellants.

Before PHILLIPS, HILL and HOLLOWAY, Circuit Judges.

ORIE L. PHILLIPS, Circuit Judge.

The United States brought this action to acquire by condemnation 45,131.44 acres of land situated in El Paso, Fremont, and Pueblo Counties, Colorado, against a large number of persons, natural and artificial, owners of interests in such land.

A judgment was entered on March 3, 1972, which disposed of all of the claims of owners of interests in the land sought to be condemned, except...

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