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KNAPP v. UNITED STATES

No. 79-1023.

636 F.2d 279 (1980)

Leland M. KNAPP, Anna R. Knapp, Thomas E. Knapp, Theodore L. Knapp, Lois Stark, John H. Stark and Robert W. Stark, Plaintiffs-Appellees, v. The UNITED STATES of America, Cecil Andrus, Secretary of the Interior, and George L. Turcott, Director of the Bureau of Land Management, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided December 1, 1980.

Attorney(s) appearing for the Case

Raymond N. Zagone, Dept. of Justice, Washington, D. C. (James W. Moorman, Asst. Atty. Gen., Washington, D. C., Charles E. Graves, U. S. Atty., and Sharon A. Lyman, Asst. U. S. Atty., Cheyenne, Wyo., Jacques B. Gelin and Anne S. Almy, Attys., Dept. of Justice, Washington, D. C., on brief), for defendants-appellants.

John W. Davis, Worland, Wyo. (Jeffrey A. Donnell, Worland, Wyo., with him on brief), of Davis, Donnell & Worrall, Worland, Wyo., for plaintiffs-appellees.

Before SETH, Chief Judge, and HOLLOWAY and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

This is an action under the Quiet Title Act, 28 U.S.C. § 2409a, to quiet title against the United States in 48 acres of land in Wyoming. Plaintiffs are members of two families, the Knapps and the Starks, who claim as heirs of and successors in interest to a Mr. David Schoening. The Government also traces its interest through conveyances originating from Schoening. The district court found the suit timely filed and declared plaintiffs freeholders...

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