U.S. v. TRUJILLO

No. 85-1895.

853 F.2d 800 (1988)

UNITED STATES of America, in its own right, and for and on Behalf of the Taos Indian Pueblo, Plaintiff/Appellee, v. Henry T. TRUJILLO and Magdalena T. Duran, Defendants/Appellants.

United States Court of Appeals, Tenth Circuit.

August 3, 1988.


Attorney(s) appearing for the Case

Santiago "Jaime" R. Chavez, Lopez, Chavez & Graham, P.C., Taos, N.M. (Timothy Meehan, with him on the brief), for defendants/appellants.

John T. Stahr, Dept. of Justice, Washington, D.C. (F. Henry Habicht II, Asst. Atty. Gen., William L. Lutz, U.S. Atty., Herbert A. Becker, Asst. U.S. Atty. Albuquerque, N.M., Martin W. Matzen and Patrick F. Barry, Dept. of Justice, Washington, D.C., with him on the brief), for plaintiff/appellee.

Before ANDERSON and BARRETT, Circuit Judges, and DUMBAULD, District Judge.


STEPHEN H. ANDERSON, Circuit Judge.

Henry T. Trujillo and Magdalena T. Duran (Trujillo and Duran), the son and daughter of Sabino Trujillo, appeal a judgment of the district court requiring them to vacate property belonging to the Taos Pueblo and assessing nominal trespass damages against them because of their innocent trespass. This consolidated action was brought in the district court by the United States on its own behalf, and on behalf of the Taos Pueblo Indians...

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