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BOARD OF COUNTY COM'RS FOR GARFIELD COUNTY, COLORADO v. W.H.I., INC.

Nos. 92-1070, 92-1082.

992 F.2d 1061 (1993)

BOARD OF COUNTY COMMISSIONERS FOR GARFIELD COUNTY, COLORADO; United States of America, Plaintiffs-Appellants, v. W.H.I., INC., a Georgia Corporation; Verne E. Soucie, Sheriff of Garfield County, Colorado; Brown Land & Cattle Company, Inc.; Stewart Title Guaranty Company, Defendants-Appellees, and Brown Land & Cattle Company, Inc.; Double Eagle Land & Cattle Company, Inc.; Charles R. Rittenberry, Third-Party-Defendants-Appellees, Monroe Investment Company, Appellee. BOARD OF COUNTY COMMISSIONERS FOR GARFIELD COUNTY, COLORADO, Plaintiff-Appellee, and United States of America, Plaintiff, Monroe Investment Company, Third-Party-Plaintiff-Appellant, v. W.H.I., INC.; Verne E. Soucie, Sheriff of Garfield County, Colorado, Defendants-Appellees, and Double Eagle Land & Cattle Company, Inc.; Charles R. Rittenberry; Brown Land & Cattle Company, Inc., Third-Party-Defendants-Appellees, and Stewart Title Guaranty Company, Third-Party-Defendant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied July 6, 1993.

Attorney(s) appearing for the Case

Robert L. Klarquist (Vicki A. O'Meara and Barry M. Hartman, Acting Asst. Attys. Gen., Washington, DC, Michael J. Norton, U.S. Atty., Paula M. Ray, Asst. U.S. Atty., Denver, CO, Jacques B. Gelin, Dept. of Justice, Washington, DC, with him on the briefs), Dept. of Justice, Washington, DC, for federal plaintiffs-appellants.

Geoffrey P. Anderson (Phillip S. Figa of Burns, Figa & Will, P.C., Englewood, CO, and Ronald M. Wilson, Denver, CO, with him on the brief), of Burns, Figa & Will, P.C., Englewood, CO, for defendants-appellees W.H.I., Inc. and Monroe Investment Co.

Before BRORBY, BARRETT and EBEL, Circuit Judges.

BARRETT, Senior Circuit Judge.

The Board of County Commissioners of Garfield County (County) commenced this action in the Garfield County District Court, State of Colorado, seeking declaratory and injunctive relief. At issue is a roadway, which the parties acknowledge is a public road as it reaches from New Castle, Colorado, to Highland Cemetery. The status of this road is contested as it extends from Highland Cemetery northeast to White River National Forest. Over...

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