DRY CREEK LODGE, INC. v. UNITED STATES

No. 74-1546.

515 F.2d 926 (1975)

DRY CREEK LODGE, INC., a Wyoming Corporation, et al., Plaintiffs-Appellants, v. The UNITED STATES of America et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided May 9, 1975.


Attorney(s) appearing for the Case

G. L. Spence, Casper, Wyo. (John R. Hursh, Hamilton & Hursh, P. C., Riverton, Wyo., on the brief), for plaintiffs-appellants.

Marvin J. Sonosky, Washington, D. C. (Glen A. Wilkinson, Washington, D. C. and William J. Thomson, II, Cheyenne, Wyo., on the brief), for non-federal defendants-appellees.

Larry A. Boggs, Atty., Dept. of Justice, Washington, D. C. (Wallace H. Johnson, Asst. Atty. Gen., Richard V. Thomas, U. S. Atty., Cheyenne, Wyo., and George R. Hyde, Atty., Dept. of Justice, Washington, D. C., on the brief), for federal defendants-appellees.

Before SETH, McWILLIAMS and DOYLE, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

The primary question in this case is whether the trial court had subject matter jurisdiction. Following a hearing in which a preliminary injunction was sought and at which motions for dismissal and for summary judgment were filed on behalf of the federal defendants and the non-federal defendants, respectively, the court not only ruled that there was no jurisdiction but also ruled that there was no case on the merits. Some evidence...

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