U.S. v. COPAR PUMICE CO., INC.

No. 12-2104.

714 F.3d 1197 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. COPAR PUMICE COMPANY, INC.; Kelly Armstrong; Richard P. Cook; Shirley A. Cook; Debbie Cantrup, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

May 6, 2013.


Attorney(s) appearing for the Case

Joseph E. Manges of Comeau , Maldegen, Templeman & Indall, LLP, Santa Fe, New Mexico, for Defendants-Appellants.

Ignacia S. Moreno , Assistant Attorney General; Kenneth J. Gonzales , United States Attorney; Ruth Fuess Keegan , Assistant United States Attorney; William B. Lazarus , Andrew A. Smith , Dominika N. Tarcynska , Elizabeth Ann Peterson , Attorneys, Environment & Natural Resources Division, Department of Justice, Washington, D.C.; Steve Hattenbach , Office of General Counsel, U.S. Department of Agriculture, Albuquerque, New Mexico, of Counsel, for Plaintiff-Appellee.

Before BRISCOE, Chief Judge, BRORBY, Senior Judge, and MURPHY, Circuit Judge.


BRISCOE, Chief Judge.

This is an interlocutory appeal arising out of an action filed by the United States against Defendants Kelly Armstrong, Debbie Cantrup, Richard Cook, Shirley Cook (collectively "the Cooks"), and Copar Pumice Company, Inc. ("Copar") for trespass, conversion, and unjust enrichment. The claims are based on allegations that the Cooks and Copar removed and used undersized pumice from their mine in violation of their settlement agreement with the United...

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