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U.S. v. THOMPSON

Nos. 89-2077, 89-2091 and 89-2142.

941 F.2d 1074 (1991)

UNITED STATES of America, on its own Behalf and on Behalf of The Pueblo of Santo Domingo, Plaintiff-counter-defendant/Appellant, and The Pueblo of Santo Domingo, Plaintiff-intervenor, v. Leland THOMPSON, Jr., et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 12, 1991.

Attorney(s) appearing for the Case

Edward J. Shawaker, Atty. Dept. of Justice, Washington, D.C. (Donald A. Carr, Acting Asst. Atty. Gen., and Myles E. Flint, Deputy Asst. Atty. Gen., Dept. of Justice, Washington, D.C., William L. Lutz, U.S. Atty., and Herbert A. Becker, Asst. U.S. Atty., Albuquerque, N.M.; Robert L. Klarquist, Atty., Dept. of Justice, Washington, D.C., with him, on the briefs) for plaintiff-counter-defendant/appellant U.S.

Scott E. Borg (Sarah W. Barlow with him, on the briefs), Rosenfelt, Barlow & Borg, Albuquerque, N.M., for plaintiff-counter-defendant/appellant The Pueblo of Santo Domingo.

David F.B. Smith (William T. Finley, Jr., and Kevin W. McLean with him, on the brief), Pierson Semmes and Finley, Washington, D.C., for defendants-appellees.

Before LOGAN, ANDERSON and EBEL, Circuit Judges.

LOGAN, Circuit Judge.

Plaintiffs, the Pueblo of Santo Domingo and the United States, as trustee for the Pueblo, brought this suit to quiet title to approximately 24,000 acres of land in New Mexico that were part of a seventeenth century Spanish land grant to the Pueblo. Defendants are non-Indian claimants to the land under a subsequent Spanish grant. The district court entered summary judgment for defendants, finding that the Pueblo Lands Act of June 7, 1924, ch....

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