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HAT RANCH, INC. v. BABBITT

Civil Action No. 95-0172 (JR).

932 F.Supp. 1 (1995)

HAT RANCH, INC., et al., Plaintiffs, v. Bruce BABBITT, et al., Defendants.

United States District Court, District of Columbia.

December 5, 1995.

Attorney(s) appearing for the Case

Gene A. Bechtel, Bechtel & Cole, Washington, DC, for Plaintiffs.

Allison Bartlett Rumsey, U.S. Department of Justice, Environment and Natural Resources Division, Washington, DC, for Federal Defendants.

Richard Ernest Gardiner, Fairfax, VA, John Wayne Howard, for Otero County.

Margo Dale Miller, Trial Attorney, U.S. Department of Justice, Environmental and Natural Resources Division, General Litigation Section, for U.S.

MEMORANDUM

ROBERTSON, District Judge.

This action is an attempt to structure a constitutional challenge to federal ownership of public lands in the State of New Mexico. The challenge is artfully pleaded, but the cause does not lie within the subject matter jurisdiction of this Court. For the reasons set forth below, the case must be dismissed.

When the State of New Mexico was admitted to the Union in 1912, all of the vacant and unappropriated...

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