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U.S. v. GARDNER

No. 95-17042.

107 F.3d 1314 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Clifford GARDNER; Bertha Gardner, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided February 25, 1997.

Attorney(s) appearing for the Case

Glade L. Hall, Reno, NV, for the defendants-appellants.

Albert M. Ferlo, Jr., United States Department of Justice, Environment and Natural Resources Division, Washington, DC, for the plaintiff-appellee.

William E. Schaeffer, District Attorney, Eureka, NV, for amicus Eureka County District Attorney.

T. David Haight, Yerington, NV, pro se, for amicus Chairman of the Lyon County Public Lands Planning Commission.

David Negri and Alletta Belin, Assistant Attorneys General, Santa Fe, NM, for amicus State of New Mexico.

Before: CHOY, REAVLEY, and LEAVY, Circuit Judges.

CHOY, Circuit Judge:

Defendants-appellants Clifford and Bertha Gardner ("Gardners") appeal the summary judgment granted in favor of plaintiff-appellee United States. Gardners claim that the state of Nevada, not the United States, is the rightful owner of the public lands within Nevada. The district court granted the United States' request for an injunction against Gardners' unauthorized grazing of livestock upon federal...

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