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UNITED STATES v. 46,672.96 ACRES OF LAND, MORE OR LESS, ETC.

Nos. 74-1602, 74-1603, 74-1604 and 74-1605.

521 F.2d 13 (1975)

UNITED STATES of America, Appellant, v. 46,672.96 ACRES OF LAND, MORE OR LESS, situate IN DONA ANA, ET AL., COUNTIES, STATE OF NEW MEXICO, and Andy Henderson, et al., Appellees. UNITED STATES of America, Appellant, v. 9,101.24 ACRES OF LAND, MORE OR LESS, situate IN SIERRA AND OTERO COUNTIES, STATE OF NEW MEXICO, and Loyd Crockett, et al., Appellees. UNITED STATES of America, Appellant, v. 40,021.64 ACRES OF LAND, MORE OR LESS, situate IN DONA ANA, ET AL., COUNTIES, STATE OF NEW MEXICO, and Genevieve Sanders, et al., Appellees.

United States Court of Appeals, Tenth Circuit.

August 6, 1975.

Attorney(s) appearing for the Case

John J. Zimmerman, Atty., Dept. of Justice (Wallace H. Johnson, Asst. Atty. Gen., Victor R. Ortega, U. S. Atty., and George R. Hyde, Max Findley and Don Strouse, Attys., Dept. of Justice, on the brief), for appellant.

Harold L. Hensley, Jr. of Hinkle, Bondurant, Cox & Eaton, Roswell, N. M., for appellees.

Before LEWIS, Chief Judge, and BARRETT and DOYLE, Circuit Judges.

DOYLE, Circuit Judge.

It is apparent from the caption that this is a condemnation case. The government challenges the amounts of the awards given first by a Commission and second adopted by the court in three condemnation cases (filed in June 1970). The government's purpose was to obtain the land for use in connection with the White Sands Missile Range which was operated by the Department of Defense. The total acreage involved was 180,000, but the cases before the...

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