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ARMIJO v. UNITED STATES

No. 94-79L.

663 F.2d 90 (1981)

Alex J. ARMIJO et al. v. The UNITED STATES.

United States Court of Claims.

October 21, 1981.

Attorney(s) appearing for the Case

J. Douglas Foster, Roswell, N. M., for plaintiffs. Harold L. Hensley, Jr., Roswell, N. M., attorney of record, for plaintiff grazing lessees. Hinkle, Cox, Eaton, Coffield & Hensley, Roswell, N. M., of counsel.

William O. Jordan, Santa Fe, N. M., attorney of record for Com'r of Public Lands, State of N. M.

Gerald S. Fish, Washington, D. C., with whom was Asst. Atty. Gen. Carol E. Dinkins, Washington, D. C., for defendant. Karlissa B. Krombein, Army Corps of Engineers, Washington, D. C., of counsel.

Before FRIEDMAN, Chief Judge, and NICHOLS and KASHIWA, Judges.

ON PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT

NICHOLS, Judge:

The claims here are to recover "just compensation" for takings contrary to the fifth amendment, a time-honored branch of our jurisprudence which has included claims founded on the Constitution since the Tucker Act of 1887, now 28 U.S.C. § 1491. The claims present, if valid, another illustration of the variety of possible ways in which the sovereign...

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