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TAHDOOAHNIPPAH v. THIMMIG

No. 72-1811.

481 F.2d 438 (1973)

Cornell TAHDOOAHNIPPAH et al., Plaintiffs-Appellees, v. John W. THIMMIG et al., Defendants-Appellants, UNITED STATES of America, Plaintiff-Appellee, v. STATE OF COLORADO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided July 10, 1973.

Attorney(s) appearing for the Case

John E. Bush, Deputy Atty. Gen. (John P. Moore, Atty. Gen., with him on the brief), for defendants-appellants.

Peter R. Steenland, Atty., Dept. of Justice (Kent Frizzell, Asst. Atty. Gen., James L. Treece, U. S. Atty., and Edmund B. Clark, Atty., Dept. of Justice, with him on the brief), for plaintiff-appellee United States.

Harris D. Sherman, Denver, Colo., for plaintiffs-appellees Cornell Tahdooahnippah, and others.

Before SETH, Circuit Judge, LARAMORE, Senior Judge, United States Court of Claims, and HOLLOWAY, Circuit Judge.

SETH, Circuit Judge.

This action arises from a grant of land by the United States to Colorado in 1910 (36 Stat. 269). The Congressional Act included two tracts, one known as the Hesperus site consisting of several thousand acres near Durango, Colorado, on which was then located the Fort Lewis School; the second tract was near Grand Junction, Colorado. A condition in the grant as so made was that:

". . . [S]aid lands and buildings shall be held and maintained...

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