POVERTY FLATS LAND & CATTLE CO. v. UNITED STATES

No. 82-2252.

706 F.2d 1078 (1983)

POVERTY FLATS LAND & CATTLE CO., a New Mexico corporation, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 13, 1983.


Attorney(s) appearing for the Case

William Monroe Kerr, Jr., Midland, Tex. (Wm. Monroe Kerr, of Kerr, Fitz-Gerald & Kerr, Midland, Tex., and Rod M. Schumacher of Atwood, Malone, Mann & Cooter, Roswell, N.M., with him on the brief), for plaintiff-appellant.

Ellen J. Durkee, Atty., Dept. of Justice, Washington, D.C. (Carol E. Dinkins, Asst. Atty. Gen., David C. Shilton, Atty., Dept. of Justice, Washington, D.C.; William L. Lutz, U.S. Atty., Raymond Hamilton, Asst. U.S. Atty., Albuquerque, N.M., with her on the brief), for defendant-appellee.

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


LOGAN, Circuit Judge.

The question in this appeal is whether the trial court erred in granting the United States' motion for summary judgment on the ground that the quiet title action brought by Poverty Flats Land & Cattle Company against the United States was barred by the 12-year statute of limitations contained in 28 U.S.C. § 2409a(f). Poverty Flats' predecessor in interest acquired the property in question in...

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