DANIEL MARTINEZ---USFS

BILLY W. BOONE
Attorney at Law
104 Pine Street, Suite 705
Abilene, Texas 79601
Mailing Address:
P.O. Box 2797
Abilene, Texas 79604

December 12, 2005

Mr. Matt Wing
Cattleman’s Livestock Commission Co.
P.O. Box 58
Dalhart, Texas 79022
RE: Dan Matrinez’s Arizona cattle bearing 07
Brand and Triangle A Brand

Dear Mr. Wing:

I represent Dan Martinez, formerly of Abilene, Texas, concerning certain cattle illegally seized by the U.S. Forest Service in Greenlee County, Arizona.

Some background information will probably assist you in understanding Mr. Martinez’s claim. Mr. Martinez and his family own a split estate in certain land located in Greenlee County, Arizona. By virtue of deeds and grants back to 1872, the Martinez and their predecessors in title claim rights to graze and water their cattle on this property. In the act of 1879, the Forest Service was established for the purpose of supplying a sustainable yield of timber and to increase water flows. Consequently, there are split estates similar to Texas in that often times the mineral estate is separate from the surface estate. The same theory applies, the Martinez, by prior title, have the right to graze, water and collect their cattle from the property since 1872. The U.S Forest Service has the obligation concerning the timber.

In over 133 years, each party has acknowledged the other’s rights with the Martinez family grazing the property and making improvements since purchasing this interest in 1948, over 56 years ago.

Rather than avail itself of the legal channels in Arizona courts to challenge these rights which pre-date the forest service, the U.S. Forest Service simply stole the cattle without judicial process nor seeking authority of the Courts in Arizona. If you will note, the U.S. Forest Service immediately secreted the cattle to New Mexico to avoid Arizona law. They apparently tried to file suit in New Mexico, again to circumvent the Arizona laws, but when it came apparent the U.S. Forest Service case was coming back to Arizona, the U.S. Forest Service again moved the cattle to Dalhart, Texas. Constantly moving the cattle from jurisdiction to jurisdiction when there are auctions in Arizona should make one sit back and wonder why? It certainly does not pass the smell test.

As you are aware, by letter from Dan Martinez, that he is the owner and there is a lien on those cattle for $600,000.00 that pre-dates the U.S. Forest Service’s wrongful seizure of the cattle. DEMAND IS HEREBY MADE for the return of Mr. Matrinez’s cattle. If the cattle are either sold or not immediately returned to Mr. Matrinez, you along with the auctioneer company will join the individuals from the U.S. Forest Service as defendants in state Court in Arizona.

Please be advised that Mr. Martinez has reported the theft of these cattle to the appropriate authorities in Arizona.

Please feel free to contact Mr. Martinez personally regarding the return of his cattle to him, or if you desire, return them to the proper authorities in Greenlee County, Arizona. Mr. Martinez’s number is.....

Very truly yours,
BILLY W. BOONE

BWB:pmd
cc: Dan Martinez