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KOCH v. U.S. DEPT. OF INTERIOR

No. 93-1298.

47 F.3d 1015 (1995)

Edward H. KOCH, Walter B. Lemon, Roberta A. Lemon, Edward N. Juhan, Anthony F. Zarlengo, Plaintiffs-Appellees, v. UNITED STATES of America, DEPARTMENT OF INTERIOR, Interior Board of Land Appeals (the), Bureau of Land Management, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied April 13, 1995.

Attorney(s) appearing for the Case

Kenneth Balcomb, of Delaney & Balcomb, P.C., Glenwood Springs, CO (Robert M. Noone and Margaret O'Donnell, with him on the briefs) for plaintiffs-appellees.

Jacques B. Gelin, Attorney for Dept. of Justice, Environment & Natural Resources Div., Washington, DC (Gerald S. Fish and David C. Shilton, Attorneys, Dept. of Justice, Environment & Natural Resources Div., Lois J. Schiffer, Acting Asst. Atty. Gen., James R. Allison, U.S. Atty., Paul J. Johns, Asst. U.S. Atty. and Lyle K. Rising, of counsel, Office of Regional Sol., Dept. of Interior, with him on the briefs) for defendants-appellants.

Before TACHA and BARRETT, Circuit Judges, and CAMPOS, Senior District Judge.

TACHA, Circuit Judge.

This appeal results from a dispute over the ownership of six land masses on the Colorado River. Plaintiffs claim ownership of the lands through patents granted by the United States; the United States contends that the "islands" remained public lands following the execution of the patents. The case originated in the Interior Board of Land Appeals (IBLA), which ultimately ruled in favor of the government. Plaintiffs then filed suit in federal court...

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