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U.S. v. TSOSIE

No. 94-2144.

92 F.3d 1037 (1996)

UNITED STATES OF AMERICA, on its own behalf and on behalf of Reuben Mariano, a/k/a Na tithl hi ya, Plaintiff-Counter-Claim-Defendant-Appellant, v. Grace TSOSIE, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 9, 1996.

Attorney(s) appearing for the Case

Jacques B. Gelin, Environment & Natural Resources Division, Washington, D.C. (Lois J. Schiffer, Asst. Attorney General, Washington, D.C., John J. Kelly, U.S. Attorney, and Raymond Hamilton, Asst. U.S. Attorney, Albuquerque, New Mexico, David C. Shilton, Attorney, Environment & Nat. Res. Division, Washington, D.C., Edwin G. Winstead, of counsel, Asst. Regional Solicitor, Albuquerque, New Mexico, with him on the briefs), for Plaintiff-Counter-Claim-Defendant-Appellant.

Paul E. Frye, of Nordhaus, Haltom, Taylor, Taradash & Frye, Albuquerque, New Mexico, for Defendant-Counter-Claimant-Appellee.

Before SEYMOUR, Chief Judge, BRORBY and MURPHY, Circuit Judges.

SEYMOUR, Chief Judge.

The United States brought this trespass and ejectment action, on its own behalf and as trustee for Mr. Reuben Mariano, against Ms. Grace Tsosie. The United States sought on behalf of Mr. Mariano the possession of land, known as Allotment No. 868, located in Crownpoint, New Mexico. Ms. Tsosie counterclaimed seeking a declaratory judgment that she has an unextinguished aboriginal occupancy right in the land. Both Mr. Mariano and Ms. Tsosie are...

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