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SAN FELIPE v. HODEL

No. 83-1140.

770 F.2d 915 (1985)

Pueblo De SAN FELIPE, Plaintiff-Appellant, v. Donald P. HODEL, Secretary of the Interior, Defendant-Appellee, and Pueblo of Santa Ana, Defendant-in-Intervention-Appellee.

United States Court of Appeals, Tenth Circuit.

August 20, 1985.

Attorney(s) appearing for the Case

Donald M. Salazar (Richard M. Daly, on brief) of Sutin, Thayer & Browne, Santa Fe, N.M., for plaintiff-appellant.

Blake A. Watson, Dept. of Justice, Washington, D.C. (with him on the brief, Carol E. Dinkins, Asst. Atty. Gen., Washington, D.C., William L. Lutz, U.S. Atty., and Herbert A. Becker, Asst. U.S. Atty., Albuquerque, N.M., and Martin W. Matzen, Dept. of Justice, Washington, D.C.), for defendant-appellee.

Richard W. Hughes of Luebben, Hughes & Kelly, Albuquerque, N.M., for defendant-in-intervention-appellee.

Before McKAY, McWILLIAMS and DOYLE, Circuit Judges.

McKAY, Circuit Judge.

In 1978 and 1979 the San Felipe Pueblo negotiated a right-of-way agreement with the New Mexico State Highway Department for the purpose of making improvements to Interstate Highway 25. A portion of the negotiated right-of-way crossed land that is claimed by both the San Felipe Pueblo and the Pueblo of Santa Ana. This contested parcel is referred to as the overlap area. The right-of-way agreement was forwarded to the Superintendent of the Southern...

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