United States Ex Rel. Southern Ute Indian Tribe v. Hess

BRISCOE, Circuit Judge.

This appeal requires us to again address whether gravel on property owned by appellants Lulu Mae Hess, Loyd Hess, Alton Hess, and LLH Development Corporation (the Hess family) comes within the United States’ general reservation of ownership of “all minerals” on that property. On remand from our ruling in United States v. Hess, 194 F.3d 1164 (10th Cir.1999) (Hess I), the district court granted summary judgment in favor of the United States. We exercise jurisdiction under 28 U.S.C. § 1291 and reverse and remand with directions to enter judgment for the Hess family.

I

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