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PETITION OF GOVERNMENT OF GUAM

No. 88-2905.

869 F.2d 1326 (1989)

In the Matter of the PETITION OF the GOVERNMENT OF GUAM For The Amendment Certificates of Title To Lots Nos. 453, 450 and 450-1, Agat, Guam. GOVERNMENT OF GUAM, Plaintiff-Appellee, v. Ramon C. CRUZ and Eliza M. Cruz, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided March 14, 1989.

Attorney(s) appearing for the Case

David A. Mair, Mair, Mair, Hogan & Spade, Agana, Guam, for defendants-appellants.

Roland Fairfield, Office of the Atty. Gen. of Guam, Agana, Guam, for plaintiff-appellee.

Before SKOPIL, FARRIS and HALL, Circuit Judges.

SKOPIL, Circuit Judge:

We are presented with a land dispute claim that turns on the interpretation of Guam Civ.Code § 1157.93 (1970). We must determine whether that statute allows parties to relitigate a property boundary dispute when a mistake may have occurred in prior litigation between the same parties. The district court held that section 1157.93 allowed relitigation in this case. We disagree and reverse.

FACTS AND PRIOR PROCEEDINGS

The...

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