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UNITED STATES v. GAMMACHE

No. 82-1690.

713 F.2d 588 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Frank J. GAMMACHE, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 29, 1983.

Attorney(s) appearing for the Case

G. Richard Mantlo of Lamb, Metzgar & Lines, Albuquerque, N.M. (Lamb, Metzgar & Lines, P.A., Albuquerque, N.M., were also on the brief), for defendant-appellant.

Carol E. Dinkins, Asst. Atty. Gen., Washington, D.C. (William L. Lutz, U.S. Atty., Raymond Hamilton, Asst. U.S. Atty., Albuquerque, N.M., Edward J. Shawaker and Kathleen P. Dewey, Attys., Dept. of Justice, Washington, D.C., were also on the brief), for plaintiff-appellee.

Before HOLLOWAY, McWILLIAMS and BARRETT, Circuit Judges.

HOLLOWAY, Circuit Judge.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R.App.P. 34(a); Tenth Cir.R. 10(e). The cause is therefore ordered submitted without oral argument.

The Government commenced this action under 28 U.S.C. § 1345 for a declaratory judgment, to quiet title to the land in dispute...

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