No. 88-2905

Good Law
869 F.2d 1326
United States Court of Appeals for the Ninth CircuitMarch 14, 19891326California1,052 words

Opinion

Opinion

869 F.2d 1326 In the Matter of the PETITION OF the GOVERNMENT OF GUAM For The Amendment Certificates of Title To Lots Nos. 453, 450 and 450-1, Agat, Guam. GOVERNMENT OF GUAM, Plaintiff-Appellee, v. Ramon C. CRUZ and Eliza M. Cruz, Defendants-Appellants. No. 88-2905. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 9, 1989. Decided March 14, 1989. David A. Mair, Mair, Mair, Hogan & Spade, Agana, Guam, for defendants-appellants. Roland Fairfield, Office of the Atty. Gen. of Guam, Agana, Guam, for plaintiff-appellee. Appeal from the United States District Court for the District of Guam. Before SKOPIL, FARRIS and HALL, Circuit Judges. SKOPIL, Circuit Judge: 1 We are presented with a land dispute claim that turns on the interpretation of Guam Civ.Code Sec. 1157.93 (1970). We must determine whether that statute allows parties to relitigate a property boundary dispute when a mistake may have occurred in prior litigation between the same parties. The district court held that section 1157.93 allowed relitigation in this case. We disagree and reverse. FACTS AND PRIOR PROCEEDINGS 2 The Government of Guam ("Guam") and Ramon and Eliza Cruz ("Cruz") own adjoining…

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