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ROSETTE INC. v. U.S.

No. 00-2453.

277 F.3d 1222 (2002)

ROSETTE INCORPORATED, a New Mexico corporation; Burgett Investment, Incorporated, a New Mexico corporation; Burgett Geothermal Greenhouse, Incorporated, a New Mexico corporation, Plaintiffs-Counter-Defendants-Appellants, v. UNITED STATES of America; John Ashcroft, as Attorney General; Department of Interior; Gale A. Norton, 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-Counter-Claimants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 22, 2002.

Attorney(s) appearing for the Case

Stephen E. Hosford, of Martin, Lutz, Roggow, Hosford & Eubanks, P.C., Las Cruces, New Mexico, for the appellants.

Tamara N. Rountree, Assistant United States Attorney (Norman C. Bay, United States Attorney, and John W. Zavitz, Assistant United States Attorney, on the brief), Albuquerque, New Mexico, for the appellees.

Before: BRISCOE and MURPHY, Circuit Judges, and OBERDORFER, Senior District Judge.

BRISCOE, Circuit Judge.

Plaintiffs Rosette Incorporated, et al. (Rosette), appeal from the district court's grant of summary judgment in favor of the United States as to the ownership of geothermal resources on property obtained pursuant to patents issued under the Stock Raising Homestead Act of 1916 (SRHA), 43 U.S.C. § 291 et seq.; 42 Stat. 1445 (repealed 1976); 39 Stat. 862-64, 65 (repealed 1976). We affirm, agreeing with the district court that the...

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