U.S. v. HARDAGE

No. 94-6192.

58 F.3d 569 (1995)

UNITED STATES of America, Plaintiff, v. Royal N. HARDAGE, et al., Defendants, HARDAGE STEERING COMMITTEE, et al., Defendants and Third-Party Plaintiffs/Appellees, v. William C. WHITEHEAD, Third-Party Defendant/Appellant, and Ilene Whitehead, Additional Third-Party Defendant, United States of America, acting through the Farmers Home Administration, Additional Third-Party Defendant/Appellee.

United States Court of Appeals, Tenth Circuit.

June 21, 1995.


Attorney(s) appearing for the Case

Robert L. Roark, (Kenneth N. McKinney and John S. Gardner, with him on the briefs), McKinney, Stringer & Webster, P.C., Oklahoma City, OK, for defendants and third-party plaintiffs/appellees.

Charles W. Gaunce, Norman, OK, for third-party defendant/appellant.

Robert A. Bradford, Asst. U.S. Atty., (Vicki Miles-LaGrange, U.S. Atty., and Steven K. Mullins, Asst. U.S. Atty., with him on the briefs), Oklahoma City, OK, for additional third-party defendant/appellee.

Before MOORE, BRIGHT, and BALDOCK, Circuit Judges.


JOHN P. MOORE, Circuit Judge.

This case raises the question of whether the district court may employ the All Writs Act (AWA) to compel the condemnation of land adjacent to a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) cleanup site because the landowner was allegedly frustrating the district court's institutional controls order by not accepting the final offer for his property. Because we conclude utilization of the AWA in this case...

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