UNITED STATES v. 82.46 ACRES OF LAND, ETC.

No. 80-1921.

691 F.2d 474 (1982)

UNITED STATES of America, Plaintiff-Appellant, v. 82.46 ACRES OF LAND, MORE OR LESS, SITUATE IN CARBON COUNTY, WYOMING; Sanger Ranches, Inc., a Wyoming Corporation, et al., and Unknown Owners, Defendants-Appellees. National Wildlife Federation and Wyoming Wildlife Federation, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 2, 1982.


Attorney(s) appearing for the Case

Dirk D. Snel, Washington, D. C. (Edward J. Shawaker, Jacques B. Gelin, Attys., James W. Moorman, Asst. Atty. Gen., Anthony C. Liotta, Acting Asst. Atty. Gen., Dept. of Justice, Washington, D. C., and Charles E. Graves, U. S. Atty., Cheyenne, Wyo., with him on the brief), for plaintiff-appellant.

Marlin D. Opperman of Opperman, Kokish & Vranesic, P. C., Denver, Colo., for Sanger Ranches, Inc., defendant-appellee.

Robert J. Golten, and James R. Montgomery, Legal Intern, Boulder, Colo., amici curiae Nat. Wildlife Federation and Wyoming Wildlife Federation.

Before McWILLIAMS, BARRETT and McKAY, Circuit Judges.


McWILLIAMS, Circuit Judge.

This appeal concerns a condemnation proceeding brought by the United States pursuant to the provisions of Section 205(a) of the Federal Land Policy Management Act of 1976, Pub.L.No. 94-579, 90 Stat. 2755 (FLPMA), now appearing as 43 U.S.C. § 1715(a).1 That statute reads as follows:

(a) Notwithstanding any other provisions of law, the Secretary, with respect...

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