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DIAMOND BAR CATTLE CO. v. U.S.

No. 97-2140.

168 F.3d 1209 (1999)

DIAMOND BAR CATTLE COMPANY, a New Mexico partnership; Laney Cattle Company, a New Mexico partnership, Plaintiffs-Counter-Defendants-Appellants, v. UNITED STATES of America; Dan Glickman, Secretary of the United States Department of Agriculture; Jack Ward Thomas, Chief of the U.S.D.A. Forest Service, Defendants-Counter-Claimants-Appellees. National Wildlife Federation, Gila Watch, New Mexico Wildlife Federation; Rio Grande Chapter of Trout Unlimited; Wilderness Watch, Intervenors.

United States Court of Appeals, Tenth Circuit.

February 23, 1999.

Attorney(s) appearing for the Case

Larry G. Patton, Luna, New Mexico (R. Lar Thomas, Albuquerque, New Mexico, with him on the brief), for the appellants.

Elizabeth Anne Peterson, Department of Justice (Lois J. Schiffer, Assistant Attorney General; John J. Kelly, United States Attorney; John W. Zavitz, Assistant United States Attorney; Robert L. Klarquist and Margo D. Miller, Department of Justice, with her on the brief), for the appellees.

Before TACHA, BALDOCK, and BRISCOE, Circuit Judges.

BRISCOE, Circuit Judge.

Plaintiffs Diamond Bar Cattle Company and Laney Cattle Company appeal the district court's entry of summary judgment in favor of the United States. On appeal, plaintiffs contend the district court erred in finding plaintiffs had no private property right to graze their cattle on federal lands without a Forest Service permit, and in finding plaintiffs liable for trespass based on use of federal lands for cattle grazing without a permit. We affirm...

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