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PUEBLO OF SANTA ANA v. BACA

No. 86-1337.

844 F.2d 708 (1988)

PUEBLO OF SANTA ANA, Plaintiff-Appellee, v. Alfredo BACA and Mary Lou Baca, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 25, 1988.

Attorney(s) appearing for the Case

Richard W. Hughes of Luebben, Hughes, Tomita & Borg, Albuquerque, N.M., for plaintiff-appellee.

Mary E. McDonald of Sutin, Thayer & Browne, Santa Fe, N.M., for defendants-appellants.

Before MOORE and ANDERSON, Circuit Judges, and PHILLIPS, District Judge.

JOHN P. MOORE, Circuit Judge.

This is an appeal from the district court's judgment allowing Santa Ana to eject defendants Alfredo Baca and Mary Lou Baca from a 131-acre parcel of land and to recover damages caused by their trespass. Defendants argue the district court erred in relying upon the boundaries established by an 1813 adjudication, rather than upon the boundaries set forth in an official United States survey. Defendants also believe the court should not have...

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