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UNITED STATES v. UNIVERSITY OF NEW MEXICO

No. 83-1238.

731 F.2d 703 (1984)

UNITED STATES of America in its own right for and on Behalf of SANTA ANA INDIAN PUEBLO, Plaintiff-Appellant, v. UNIVERSITY OF NEW MEXICO, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 9, 1984.

Attorney(s) appearing for the Case

Ellen J. Durkee, Atty., Dept. of Justice, Washington, D.C. (F. Henry Habicht, II, Acting Asst. Atty. Gen., Washington, D.C., William L. Lutz, U.S. Atty., Herbert A. Becker, Asst. U.S. Atty., Albuquerque, N.M., and David C. Shilton, Atty., Dept. of Justice, Washington, D.C., with her on the briefs), for plaintiff-appellant.

Douglas Seegmiller, Albuquerque, N.M. (Robert C. Poole, of Poole, Tinnin & Martin, Albuquerque, N.M., with him on the briefs), for defendant-appellee University of New Mexico.

Bruce Thompson, Asst. Atty. Gen., Santa Fe, N.M. (Paul Bardacke, Atty. Gen., and Reginald J. Storment, Asst. Atty. Gen., Santa Fe, N.M., on the brief) for defendants-appellees Museum of New Mexico and New Mexico State Parks and Recreation Division.

Scott E. Borg, Judy A. Flynn-O'Brien, and Richard W. Hughes, of Luebben, Hughes & Tomita, Albuquerque, N.M., filed an amicus curiae brief on behalf of Pueblo of Santa Ana.

Before McWILLIAMS, BREITENSTEIN and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

The United States, in its own capacity and as trustee for the Indians of the Santa Ana Pueblo, sued the University of New Mexico, the Regents of the University of New Mexico, the Museum of New Mexico, and the New Mexico State Park and Recreation Commission under 28 U.S.C. § 1345. The United States sought ejectment of defendants from 11.8 acres of allegedly federally-protected tribal lands and damages for defendants' trespass.

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