UNITED STATES v. GARCIA

No. 83-1141.

762 F.2d 862 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis GARCIA and Eliza L. Garcia, individually and doing business as Den-Gar Enterprises, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

May 24, 1985.


Attorney(s) appearing for the Case

Oliver Burton Cohen of Cohen & Aldridge, Albuquerque, N.M., for defendants-appellants.

Donald Hornstein, Washington, D.C. (William L. Lutz, U.S. Atty., and Raymond Hamilton, Asst. U.S. Atty., of Albuquerque, N.M., and Carol E. Dinkins, Asst. Atty. Gen., Martin W. Matzen and Claire L. McGuire, Dept. of Justice, Washington, D.C., on brief), of Department of Justice, Washington, D.C., for plaintiff-appellee.

Before BARRETT, LOGAN and SEYMOUR, Circuit Judges.


SEYMOUR, Circuit Judge.

The United States brought this action against Dennis Garcia to eject him from forty acres of land to which the Government claims title. Garcia counterclaimed to quiet title in himself through adverse possession. The district court held that Garcia had failed to prove all the elements necessary to establish title by adverse possession and entered judgment for the Government. We reverse and remand for further proceedings.

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