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PAJARITO PLATEAU HOMESTEADERS, INC. v. U.S.

No. 03-2050.

346 F.3d 983 (2003)

PAJARITO PLATEAU HOMESTEADERS, INC., a nonprofit corporation; Teresa Quintana, on behalf of the Estate of Samuel Valencia; Marcos Gomez, on behalf of themselves and all others similarly situated, Plaintiffs, and Sylvia Molina, on behalf of the Estate of Jose M. Gomez, Plaintiff-Appellant, v. UNITED STATES of America; Spencer Abraham, Secretary, U.S. Department of Energy; Donald H. Rumsfeld, as Secretary of the United States Department of Defense; United States Corps Of Engineers; John Does 1-10, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 8, 2003.

Attorney(s) appearing for the Case

Sylvia Molina, pro se.

David C. Iglesias, United States Attorney, Raymond Hamilton, Assistant United States Attorney, Albuquerque, New Mexico, for Defendants-Appellees.

Before HARTZ, BALDOCK, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

Plaintiff Sylvia Molina appeals from an order of the district court dismissing this action under Fed.R.Civ.P. 12(b) based on a lack of subject matter jurisdiction. We affirm.1

The acts which form the basis of plaintiffs' complaint occurred from 1942 to 1945 on the Pajarito Plateau in New Mexico. At that time, the United States government appropriated land for the construction and operation of the Manhattan...

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