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UNITED STATES v. 41,098.98 ACRES OF LAND, ETC.

No. 76-1096.

548 F.2d 911 (1977)

UNITED STATES of America, Appellant, v. 41,098.98 ACRES OF LAND, MORE OR LESS, situate IN SIERRA, ET AL., COUNTIES, STATE OF NEW MEXICO, and Estelle E. Withers, et al., Appellees.

United States Court of Appeals, Tenth Circuit.

Decided February 8, 1977.

Attorney(s) appearing for the Case

John J. Zimmerman, Atty., Dept. of Justice, Washington, D.C. (Peter R. Taft, Asst. Atty. Gen., Edmund B. Clark, and Donald E. Strouse, Attys., Dept. of Justice, Washington, D.C., with him on the brief), for appellant.

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

William O. Jordan, Counsel, Commissioner of Public Lands, Santa Fe, N. M., for appellee, State of New Mexico.

Before SETH and HOLLOWAY, Circuit Judges, and CHILSON, Senior District Judge.

PER CURIAM.

This is a condemnation suit brought by the United States "... at the request of the Secretary of the Army ...." The complaint further states that the property is to be taken ".... in connection with the White Sands Missile Range in New Mexico ...." The interest to be acquired by the United States is an "estate for years." The landowners are for the most part ranchers who own fee lands or hold grazing leases from the State of New Mexico on state lands or...

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