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LODGE TOWER CONDOMINIUM v. LODGE PROPERTIES, INC.

No. 89 N 1098.

880 F.Supp. 1370 (1995)

LODGE TOWER CONDOMINIUM ASSOCIATION and Town of Vail, Plaintiffs, v. LODGE PROPERTIES, INC.; Western Land Exchange Company; Clayton Yeutter, Secretary, United States Department of Agriculture; F. Dale Robertson, Chief, United States Forest Service; Manual Lujan, Jr., Secretary, United States Department of the Interior; Gary E. Cargill, Regional Forester, Rocky Mountain Region, United States Forest Service; and Neil F. Morck, State Director, Bureau of Land Management, United States Department of the Interior, Defendants.

United States District Court, D. Colorado.

March 31, 1995.

Attorney(s) appearing for the Case

Charles White of Brownstein Hyatt Farber & Strickland, Denver, CO, Lawrence A. Eskwith, Town Atty., Town of Vail, Vail, CO, for plaintiffs.

James S. Bailey, Jr. of Bailey, Harring & Peterson, P.C., Robert D. Clark, U.S. Atty., Denver, CO, Pauline Milius, Dept. of Justice, Washington, DC, for defendants.

MEMORANDUM OPINION AND ORDER

NOTTINGHAM, District Judge.

This litigation arises from an effort by the United States Forest Service (an agency in the United States Department of Agriculture) to exchange a two-acre parcel of federal land — administered by the Forest Service but lying entirely within the boundaries of the Town of Vail (a Colorado municipal corporation) — for a 385-acre parcel of privately...

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