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PUEBLO OF ISLETA EX REL. LUCERO v. UNIVERSAL CONSTRUCTORS, INC.

No. 76-1686.

570 F.2d 300 (1978)

PUEBLO OF ISLETA ex rel. Alvino LUCERO, Governor, Plaintiff-Appellant, v. UNIVERSAL CONSTRUCTORS, INC., a New Mexico Corporation, and Wylie Bros. Contracting Company, a New Mexico Corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided January 17, 1978.

Attorney(s) appearing for the Case

L. Lamar Parrish and Calvin Hyer, Jr. of Ussery, Burciaga & Parrish, Albuquerque, N. M., for plaintiff-appellant.

Thomas L. Johnson of Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, N. M. (Kenneth L. Harrigan and Judy A. Fry of Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, N. M., on the brief), for defendants-appellees.

Before McWILLIAMS and DOYLE, Circuit Judges, and ROGERS, District Judge.

WILLIAM E. DOYLE, Circuit Judge.

The issue in this case is whether there exists subject matter jurisdiction pursuant to 28 U.S.C. § 1362. The Pueblo of Isleta brought the action to recover damages for injury to property within the boundaries of the Pueblo. The property damage was allegedly caused by blasting operations on the part of the Universal Constructors, Inc. The blasting itself was carried out beyond the boundaries of the Pueblo.

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