POVERTY FLATS LAND & CATTLE CO. v. UNITED STATES

No. 84-1515.

788 F.2d 676 (1986)

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.

April 11, 1986.


Attorney(s) appearing for the Case

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

Ellen J. Durkee, Atty., Dept. of Justice, Washington, D.C. (F. Henry Habicht, II, Asst. Atty. Gen., Washington, D.C., William L. Lutz, U.S. Atty. and Raymond Hamilton, Asst. U.S. Atty., Albuquerque, N.M., David C. Shilton, Atty., Dept. of Justice, Washington, D.C., with him on brief), for defendant-appellee.

Before SEYMOUR, SETH and ANDERSON, Circuit Judges.


SETH, Circuit Judge.

This appeal arose from an action to quiet title to ranch land in New Mexico brought pursuant to 28 U.S.C. § 2409a(a) and 28 U.S.C. § 1346(f). The plaintiff's title is derived from a patent issued by the Government in 1970. Plaintiff acquired a portion of the patented area. The issue concerns the scope and meaning of a reservation of minerals retained by the Government in the patent. More particularly the issue is whether "caliche" is...

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