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HACKFORD v. BABBITT

No. 92-4098.

14 F.3d 1457 (1994)

Calvin C. HACKFORD, Plaintiff-Appellant. v. Bruce BABBITT, Secretary of the United States Department of the Interior; Perry Baker, Superintendent of Uintah and Ouray Indian Reservation; William Christensen, Lake Fork and Uintah River Commissioner; Bart Bennion, Project Engineer, Uintah Irrigation Project, U.S. Department of the Interior, Defendants-Appellees, Ute Indian Tribe of the Uintah and Ouray Reservation, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

January 21, 1994.

Attorney(s) appearing for the Case

Kathryn Collard (Steve Russell, with her on the briefs) of Collard & Russell, Salt Lake City, UT, for plaintiff-appellant.

Samuel C. Alexander (Myles E. Flint, Acting Asst. Atty. Gen., Edward J. Shawaker and Samuel C. Alexander, Dept. of Justice, Washington, DC; Carlie Christensen, U.S. Attorney's Office, Salt Lake City, UT, with him on the briefs), for defendants-appellees.

Robert S. Thompson, III and Tod J. Smith of Whiteing & Thompson, Boulder, CO; and John R. Lehmer of D'Elia & Lehmer, Park City, UT, for amicus curiae.

Before BALDOCK, BARRETT and EBEL, Circuit Judges.

BARRETT, Senior Circuit Judge.

Calvin C. Hackford appeals from the district court's dismissal of his suit based upon his lack of standing under the Fifth Amendment of the United States Constitution and under the Ute Partition and Termination Act (Partition Act), 25 U.S.C. §§ 677-677aa.

Summary of the Case

Hackford owns seven parcels of land within the Uintah and Ouray Indian Reservation in Utah. Some of these lands are irrigable...

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