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UNITED STATES EX REL. WHITEHORSE v. BRIGGS

Nos. 76-1639, 76-1640.

555 F.2d 283 (1977)

UNITED STATES of America ex rel. Alice WHITEHORSE and Billy Tsosie, Plaintiffs-Appellants, Cross-Appellees, v. Nancy Willcoxson BRIGGS, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided May 18, 1977.

Attorney(s) appearing for the Case

Michael Celestre (Peter R. Taft, Asst. Atty. Gen., and Raymond N. Zagone and Charles E. Biblowit, Dept. of Justice, Washington, D. C., on the brief), for plaintiffs-appellants, cross-appellees.

Mary C. Walters, Albuquerque, N. M. (Marchiondo & Berry, P. A., Albuquerque, N. M., on the brief), for defendant-appellee, cross-appellant.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.

McWILLIAMS, Circuit Judge.

This is a qui tam action brought by Alice Whitehorse and Billy Tsosie, members of the Navajo Tribe, against Nancy Willcoxson Briggs for permitting her cattle to trespass upon certain Indian allotments. Jurisdiction was based on 28 U.S.C. §§ 1331 and 1345. Upon trial of the matter the trial court granted injunctive relief to the plaintiffs and also entered a money judgment in their...

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