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U.S. v. JENKS

Civ. No. 90-480 JP.

804 F.Supp. 232 (1992)

UNITED STATES of America, Plaintiff, Counter-Defendant, v. Randolph JENKS, Defendant, Counter-Plaintiff.

United States District Court. D. New Mexico.

June 18, 1992.

Attorney(s) appearing for the Case

John W. Zavitz, William L. Lutz, U.S. Attorney's Office, District of New Mexico, Albuquerque, N.M., Richard B. Stewart, U.S. Dept. of Justice, Land and Natural Resources, Washington, D.C., for U.S.

Robert M. Hall, Douglas W. Decker, Payne Law Firm, Albuquerque, N.M., Mitchel D. Platt, Platt, Hall & Lee, St. Johns, Ariz., William Perry Pendley, Todd S. Welch, Mountain State Legal Foundation, Denver, Colo., for Jenks.

MEMORANDUM OPINION AND ORDER

PARKER, District Judge.

The subjects of this memorandum opinion and order are cross motions for summary judgment filed on December 20, 1991. This suit arises from defendant's refusal to comply with plaintiff's request that defendant "apply for and obtain a private road easement to document his right of access across lands within the National Forest System and to extinguish any claim of prior right which Jenks asserts." Memorandum...

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