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JONES v. U.S.

No. 96-16457.

121 F.3d 1327 (1997)

William E. JONES; Victor E. Jones; and Eric W. Snethen, Plaintiffs-Appellants, v. UNITED STATES of America; United States Department of Interior; Bureau of Land Management; Bruce Babbitt, Secretary of Interior, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 11, 1997.

Attorney(s) appearing for the Case

William J. Kopeny, Kopeny & Powell, Irvine, CA, for plaintiffs-appellants.

Lisa E. Jones, Environment and Natural Resources Division, United States Department of Justice, Washington, DC, for defendants-appellees.

Before: FARRIS and TASHIMA, Circuit Judges, and STAGG, District Judge.

TASHIMA, Circuit Judge:

I. Overview

Plaintiffs are former holders of an unpatented mining claim on federally-owned land. The Interior Board of Land Appeals affirmed the decision of the Bureau of Land Management ("BLM") holding that their claim was voided by operation of law. Plaintiffs challenged that decision in the district court on constitutional grounds. The district court granted summary judgment in favor of the government and plaintiffs timely...

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