Attorneys forHilaria and Baldomero Muniz and another landowner have asked a panel ofjudges at the 5th U.S. Circuit Court of Appeals in New Orleans to voida federal judge’s order that they open their land to surveyors for theborder fence.

They argue that the district judge erred when he allowedgovernment officials to attempt to negotiate property access aftersuing. They say the law requires the government to try to strike a dealbefore — not after — filing a lawsuit.

The issues in a similar case were discussed here.

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