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PUEBLO OF SANDIA EX REL. CHAVES v. SMITH

No. 73-1818.

497 F.2d 1043 (1974)

PUEBLO OF SANDIA ex rel. Esquipula CHAVES, Governor, Plaintiff-Appellant, v. Mortis W. SMITH and Coronado Airport Inn, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 11, 1974.

Attorney(s) appearing for the Case

Calvin Hyer, Jr., Albuquerque, N. M. (L. Lamar Parrish, Albuquerque, N. M., with him on the brief), for plaintiff-appellant.

Norman S. Thayer, Albuquerque, N. M., for defendants-appellees.

Before PICKETT, HILL, and BARRETT, Circuit Judges.

HILL, Circuit Judge.

This is an appeal from an order granting summary judgment in an action for trespass to airspace.

Appellant Pueblo of Sandia is a duly recognized Indian tribe residing in the State of New Mexico. Appellee Coronado Airport is a New Mexico corporation engaged in the business of operating a small, privately run airport, and appellee Smith is its owner. The land on which the airport is located is immediately adjacent to, and abuts, land owned...

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