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.
Colorado Rock Products Association; National Stone, Sand & Gravel Association; Southern Ute Indian Tribe, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
November 12, 2003.
November 12, 2003.
Attorney(s) appearing for the Case
G.R. Miller, of McDaniel, Baty, Miller, Agro & Downs, LLC, Durango, CO, for the defendants-counter-claimants-appellants.
Elizabeth Ann Peterson, of The Department of Justice, Environment and Natural Resources Division, Washington, DC (Thomas L. Sansonetti, Assistant Attorney General; John W. Suthers, United States Attorney; Michael E. Hegarty, Assistant United States Attorney; William B. Lazarus and Ellen J. Durkee, Department of Justice, Environment and Natural Resources Division, Washington, DC; and Janet Spaulding, Office of the Regional Solicitor, Albuquerque, NM, with her on the brief), for the plaintiff-counter-defendant-appellee.
Arthur Lazarus, Jr., of Sonosky, Chambers, Sachse, Endreson & Perry, Washington, DC (Sam W. Maynes, of Maynes, Bradford, Shipps & Sheftel, LLP, Durango, CO, with him on the brief), for the amicus curiae Southern Ute Indian Tribe.
Christopher G. Hayes and Darin B. Scheer, of Bjork, Lindley, Danielson & Little, P.C., Denver, CO, on the brief for amici curiae Colorado Rock Products Association and National Stone, Sand & Gravel Association.
Before TACHA, Chief Judge, ANDERSON and BRISCOE, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
BRISCOE, Circuit Judge.
This appeal requires us to again address whether gravel on property owned by appellants Lulu Mae Hess, Loyd Hess, Alton Hess, and LLH Development Corporation (the Hess family) comes within the United States' general reservation of ownership of "all minerals" on that property. On remand from our ruling in United States v. Hess,194 F.3d 1164 (10th Cir.1999) (Hess I), the district court granted...
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