VINCENT MURPHY CHEVROLET CO., INC. v. U.S.

No. 83-1699.

766 F.2d 449 (1985)

VINCENT MURPHY CHEVROLET COMPANY, INC., a Texas corporation and Arapahoe County Fair Association, Inc., a Colorado non-profit corporation, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 3, 1985.


Attorney(s) appearing for the Case

Jeffrey A. Chase, Holme, Roberts & Owen, Denver, Colo. (Mark E. Rinehart and Jack L. Richtsmeier of Holme, Roberts & Owen, Denver, Colo., on brief), for plaintiffs-appellants, Vincent Murphy Chevrolet Co., Inc. and Arapahoe County Fair Ass'n, Inc.

David C. Shilton, U.S. Dept. of Justice, Washington, D.C. (F. Henry Habicht, II, Acting Asst. Atty. Gen., Washington, D.C., Robert N. Miller, U.S. Atty., Richard A. Jost, Asst. U.S. Atty., Denver, Colo., and Peter C. Monson, U.S. Dept. of Justice, Washington, D.C., with him on brief), for defendant-appellee U.S.

Before BARRETT and McWILLIAMS, Circuit Judges, and KERR, District Judge


KERR, District Judge.

Appellants, Vincent Murphy Chevrolet Company (Vincent Murphy) and the Arapahoe County Fair Association (ACFA) brought this action in January of 1983, against the United States of America, pursuant to 28 U.S.C. § 1346(f) and 28 U.S.C. § 2409a of the Federal Quiet Title Act of 1972, seeking to quiet title in three parcels of land and have certain restrictive easements and covenants (restrictions) thereon declared invalid and unenforceable...

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