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UNITED STATES v. STATE OF NEW MEXICO

No. 75-1103.

536 F.2d 1324 (1976)

UNITED STATES of America, Plaintiff-Appellee, and Antonucci et al., and United Mineworkers of America, Intervenors-Appellees, v. STATE OF NEW MEXICO and the Hospitals Institutions Board et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided June 22, 1976.

Attorney(s) appearing for the Case

Leslie D. Ringer, Asst. Atty. Gen., Santa Fe, N. M. (Toney Anaya, Atty. Gen., and William McEuen, Asst. Atty. Gen., Santa Fe, N. M., on the brief), for defendant-appellants.

Stephen L. Urbanczyk, Dept. of Justice, Washington, D. C. (Wallace H. Johnson, Asst. Atty. Gen., Washington, D. C., Victor R. Ortega, U. S. Atty., and James B. Grant, Asst. U. S. Atty., Albuquerque, N. M., and Edmund B. Clark, Jacques B. Gelin and Neil T. Proto, Attys., Dept. of Justice, Washington, D. C., on the brief), for plaintiff-appellee.

Norman S. Thayer, of Sutin, Thayer & Browne, Albuquerque, N. M. (Joseph Yablonski and Willard Owens, Washington, D. C., on the brief), for intervenors-appellees.

Before LEWIS, Chief Judge, and BREITENSTEIN and McWILLIAMS, Circuit Judges.

LEWIS, Chief Judge.

The United States brought this action seeking enforcement of the trust provisions of land grants of 100,000 acres made to New Mexico by Congress for "a miners' hospital for disabled miners." As representative beneficiaries, the district court allowed 28 individual New Mexico miners and the United Mine Workers of America to intervene. On a motion for summary judgment, the district court found that New Mexico was in breach of the trust provisions...

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