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WEYERHAEUSER CO. v. BRANTLEY

No. 06-7097.

510 F.3d 1256 (2007)

WEYERHAEUSER COMPANY, Plaintiff-Appellee, v. Carl BRANTLEY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 20, 2007.

Attorney(s) appearing for the Case

Brandon L. Jensen (Karen Budd-Falen with him on the briefs) Budd-Falen Law Offices, LLC, Cheyenne, WY, for Appellant.

Frederick C. Cornish (William S. Leach and Alison A. Verret with him on the brief) Eldridge Cooper Steichen & Leach PLLC, Tulsa, OK, for Appellee.

Before McCONNELL, McKAY and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Weyerhaeuser is the record owner of 300 acres known as Sherrill Farm in McCurtain County, Oklahoma. This appeal arises from Weyerhaeuser's suit to remove Carl Brantley and his livestock from Sherrill Farm. As an affirmative defense to Weyerhaeuser's suit, Brantley sought ownership of Sherrill Farm through adverse possession or, in the alternative, a prescriptive grazing easement on the entire farm. After a bench trial, the district court...

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