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ROSETTE INC. v. U.S.

No. 96-2126.

141 F.3d 1394 (1998)

ROSETTE INC., a New Mexico corporation, Burgett Investment, Inc., a New Mexico corporation, Burgett Geothermal Greenhouse, Inc., a New Mexico corporation, Plaintiffs-Appellants, v. UNITED STATES of America; Janet Reno, as Attorney General; Department of Interior; Bruce Babbitt, Secretary of Interior of the United States; James Baca, in his official capacity as Director of Bureau of Land Management; William Calkins, in his official capacity as State Director of Bureau of Land Management; Linda Rundell, in her official capacity as Las Cruces District Manager of Bureau of Land Management, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 7, 1998.

Attorney(s) appearing for the Case

Stephen E. Hosford, Hubert & Hernandez, Las Cruces, NM, for Plaintiffs-Appellants.

Jared A. Goldstein, United States Department of Justice, Washington, DC (Lois J. Schiffer, Assistant Attorney General, State of New Mexico, Santa Fe, NM, John J. Kelly, United States Attorney, John Zavitz, Assistant United States Attorney, Albuquerque, NM, Robert L. Klarquist, Jonathan F. Klein, United States Department of Justice, Grant L. Vaughn, Office of the Solicitor, Department of the Interior, Santa Fe, NM, on the brief) for Defendants-Appellees.

Before EBEL, McWILLIAMS, and HENRY, Circuit Judges.

HENRY, Circuit Judge.

Plaintiffs-Appellants (collectively referred to as "Rosette") appeal the district court's dismissal, on statute of limitations grounds, of their claim alleging ownership of geothermal resources. The court's determination of subject matter jurisdiction is a question of law, which we review de novo. Williams v. United States, 957 F.2d 742, 743 (10th Cir. 1992). Because the Quiet Title Act, 28 U.S.C. §...

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