UNITED STATES v. STATE OF COLO.

No. 79-1193.

627 F.2d 217 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. STATE OF COLORADO; Jefferson County, Colorado; Board of County Commissioners of Jefferson County, Colorado; and David R. Braden, County Assessor, Jefferson County, Colorado, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided July 25, 1980.

Rehearing Denied September 3, 1980.


Attorney(s) appearing for the Case

John J. McCarthy, Jr., Washington, D.C. (M. Carr Ferguson, Asst. Atty. Gen. and Gilbert E. Andrews and David English Carmack, Attys., Tax Division, Dept. of Justice, Washington, D. C., with him on brief), for plaintiff-appellee; Joseph F. Dolan, U.S. Atty. and Jerre W. Dixon, Asst. U.S. Atty., Denver, Colo., of counsel.

Gail E. Shields, Denver, Colo., Sp. Counsel for Jefferson County, Bd. of County Com'rs and County Assessor (Stephen H. Kaplan, First Asst. Atty. Gen. and Billy Shuman, Sp. Asst. Atty. Gen., Denver, Colo., with him on brief), for defendants-appellants.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.


McWILLIAMS, Circuit Judge.

The Rocky Flats Plant is a part of an integrated system of government-owned laboratories and plants operated to develop and produce nuclear weapons for national defense and is located in Jefferson County, State of Colorado. Rocky Flats consists of approximately 6,500 acres of land and approximately 95 buildings and structures, all of which are owned in fee simple by the United States.

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