United States Tenth Circuit

In a quiet title action brought under the federal Quiet Title Act, summary judgment for defendants is affirmed where: 1) sand, gravel, and rock are minerals in which the government has an express reservation on land patents issued under the the Stock-Raising Homestead Act; and 2) the court is bound to apply the precedent in Watt v. Western Nuclear, Inc. 462 U.S. 36 (1983) since the case is governed by the Stock-Raising Homestead Act.

Appellate Information

• Decided 05/20/2008
• Published 05/20/2008

Judges

• HENRY, Chief Judge., Before HENRY, Chief Judge, BRISCOE, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Blake S. Atkin (with William O. Kimball, Brennan S. Moss on the briefs), Salt Lake City, Utah, for Plaintiffs-Appellants.


• For Appellees:
  
• Andrea L. Berlowe, U.S. Department of Justice (with Sue Ellen Wooldridge, Assistant Attorney General, William Lazarus, Elizabeth A. Peterson, U.S. Department of Justice), Washington, D.C., for Defendants-Appellees.