FREESE v. UNITED STATES

No. 334-78.

639 F.2d 754 (1981)

Andrew L. FREESE, 2d v. The UNITED STATES.

United States Court of Claims.

January 28, 1981.


Attorney(s) appearing for the Case

Andrew Freese, 2d, pro se.

Ronald G. Gluck, Washington, D.C., with whom was Asst. Atty. Gen., James W. Moorman, Washington, D.C., for defendant.

Before FRIEDMAN, Chief Judge, and KUNZIG and BENNETT, Judges.


ON CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT

KUNZIG, Judge:

This taking case comes before the court on the parties' cross-motions for partial summary judgment on Count I of plaintiff's petition. Plaintiff is the owner of five unpatented mining claims located on federal lands. In 1972, Congress incorporated these lands into the newly established Sawtooth National Recreation Area (Sawtooth). The law creating Sawtooth expressly terminated the ability of existing...

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