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STATE OF NEW MEXICO v. MORTON

Civ. A. No. 74-127.

406 F.Supp. 1237 (1975)

STATE OF NEW MEXICO et al., Plaintiffs, v. Rogers C. B. MORTON, Secretary, United States Department of the Interior, et al., Defendants.

United States District Court, D. New Mexico.

February 28, 1975.

Attorney(s) appearing for the Case

Modrall, Sperling, Roehl, Harris & Sisk, George J. Hopkins, Albuquerque, N. M., for State of New Mexico, New Mexico State Livestock Board, Lee S. Garner, and Claude Foster.

Rogers C. B. Morton, Secretary, U. S. Dept. of Interior, Victor R. Ortega, U. S. Atty., James B. Grant, Asst. U. S. Atty., Albuquerque, N. M., for the United States.

Before SETH, Circuit Judge, PAYNE, Chief Judge and MECHEM, District Judge.

MEMORANDUM OPINION

This action came before the three-judge district court seeking an injunction against the enforcement of the Wild Free-roaming Horses and Burros Act, 16 U.S.C. §§ 1331-1340, as being unconstitutional. Jurisdiction of this court is established under sections 1331, 2282, and 2284 of Title 28, U.S.C.

The controversy involved here began when a New Mexico rancher, Kelley Stephenson, discovered several unbranded and unclaimed burros...

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