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JETTE v. BERGLAND

No. 76-2129.

579 F.2d 59 (1978)

Norman O. JETTE and Gertrude A. Jette, husband and wife, and Izaak Walton Land of Enchantment Chapter, Inc., Plaintiffs-Appellants, v. Robert H. BERGLAND, Secretary of Agriculture, U. S. Department of Agriculture, John McGuire, Chief Forester, U. S. Forest Service, William D. Hurst, Regional Forester Region III, U. S. Forest Service, Robert M. Williamson, Supervisor, Gila National Forest, U. S. Forest Service, Roy Carson, Silver City District Ranger, Gila National Forest, U. S. Forest Service and Exxon Corporation, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided May 11, 1978.

Rehearing Denied August 22, 1978.

Attorney(s) appearing for the Case

Emmett C. Hart, Albuquerque, N. M., for plaintiffs-appellants.

Kathryn A. Oberly, Dept. of Justice, Washington, D. C. (James W. Moorman, Acting Asst. Atty. Gen., and Raymond H. Zagone, Dept. of Justice, Washington, D. C., on the brief), for defendants-appellees except Exxon Corp.

John R. Cooney of Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, N. M. (Robert M. Perry, Exxon Corp., Houston, Tex., and Lynn H. Slade of Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, N. M., with him on the brief), for defendant-appellee Exxon Corp.

Before HOLLOWAY, BARRETT and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This is an action in which the plaintiffs, owners of 4.279 acres, located in the Gila National Forest in New Mexico, seek relief on various legal theories against the Secretary of Agriculture and the Forest Service and Exxon Corporation, the licensee or permittee of the Forest Service, under authority of the Mining Laws of 1872, 30 U.S.C. §§ 21-54 (1970). Having taken early retirement because of health, they had built their...

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