HEIRS OF GUERRA v. U.S.

No. 98-41254.

207 F.3d 763 (2000)

HEIRS OF H.P. GUERRA, Deceased, Plaintiff-Appellee, v. UNITED STATES of America, et. al., Defendants, United States of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 28, 2000.


Attorney(s) appearing for the Case

Hubert W. Green (argued), The Kleberg Law Firm, V.E. Lanfear, San Antonio, TX, for Plaintiff-Appellee.

Tamara Nichelle Rountree (argued), U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, Charles William Wendlandt, Jr., Corpus Christi, TX, David Louis Guerra, McAllen, TX, Donna Sheehan Fitzgerald, U.S. Dept. of Justice, Washington, DC, William A. Wilcox, Jr., El Paso, TX, Robert L. Klarquist, U.S. Dept. of Justice, Environment & Natural Resource Div., Arlington, VA, for Defendant-Appellant.

Before POLITZ, JOHN R. GIBSON and HIGGINBOTHAM, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

This is a saga from the border, worthy of the creativity of Cormac McCarthy. Its roots are earlier, but for our purposes, its genesis is the 1949 condemnation of mineral rights taken as part of the construction of the Falcon dam and reservoir along the U.S.-Mexican border. The government condemned approximately 3,000 acres of Horace Guerra's land and the accompanying mineral rights and compensated him pursuant to a final judgment...

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