United States Tenth Circuit

Plaintiff's appeal, challenging a decision allowing the Department of Interior to acquire certain real property, is dismissed as the Quiet Title Act precludes plaintiff's suit to the extent that plaintiff's requested relief would divest the United States of title to the property.

Appellate Information

• Decided 08/05/2004
• Published 08/05/2004

Judges

• BRORBY, Circuit Judge., Before HENRY, Circuit Judge, and McKAY and BRORBY, Senior Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• John W. Utton of Sheehan, Sheehan & Stelzner, P.A., and J. Brian Smith of J. Brian Smith Law Firm, LLC, Albuquerque, NM, for Plaintiff-Appellant.


• For Appellees:
  
• Todd S. Aagaard (Thomas L. Sansonetti, Assistant Attorney General;  E. Ann Peterson, Department of Justice, Washington, DC;  Mary Anne Kenworthy, Department of the Interior, Washington, DC;  Dori Richards, Department of the Interior, Albuquerque, NM, with him on the brief), Department of Justice, Washington, DC, for Defendants-Appellees.