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U.S. v. HESS

No. 98-1127.

194 F.3d 1164 (1999)

UNITED STATES of America, on its own behalf and on behalf of the Southern Ute Indian Tribe, Plaintiff-Counter-Defendant—Appellee, v. Lulu Mae HESS; Loyd Hess; Alton Hess; LLH Development Corporation, Defendants-Counter-Claimants—Appellants.

United States Court of Appeals, Tenth Circuit.

November 5, 1999.

Attorney(s) appearing for the Case

Elizabeth Ann Peterson (Henry Solano, United States Attorney, Denver, Colorado; Lois G. Schiffer, Assistant Attorney General, Department of Justice, Washington, D.C.; Michael E. Hegarty, Assistant United States Attorney, Denver, Colorado; Robert L. Klarquist, Department of Justice, Washington, D.C.; Janet Spaulding, of counsel, United States Department of the Interior, Albuquerque, New Mexico, with her on the brief) of the United States Department of Justice, Washington, D.C., for Plaintiff-Counter-Defendant—Appellee.

George Robert Miller of McDaniel, Baty & Miller, LLC, Durango, Colorado, for Defendants-Counter-Claimants—Appellants.

Christopher G. Hayes, Craig R. Carver, and Don H. Sherwood, of Alfers & Carver, LLC, Denver, Colorado, filed a brief for amicus curiae The Colorado Rock Products Association and the National Stone Association.

Michael E. McLachlan and Jeffrey P. Robbins, Durango, Colorado, filed a brief for amicus curiae Board of County Commissioners of La Plata County, Colorado.

Before BRORBY, HOLLOWAY and LUCERO, Circuit Judges.

BRORBY, Circuit Judge.

This appeal arises from an action brought by the United States against Appellants Lulu Mae Hess, Loyd Hess, Alton Hess and LLH Development Corporation (collectively referred to as the "Hess family"). The government seeks quiet title to ownership of gravel located on a ranch acquired by the Hess family as successors-in-interest following a land exchange patent issued pursuant to the Indian Reorganization Act of 1934, 25 U.S.C. §§ 461...

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