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U.S. v. SHUMWAY

No. 96-16480.

199 F.3d 1093 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Ray SHUMWAY; Molly Shumway, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 28, 1999.

Attorney(s) appearing for the Case

Arthur E. Lloyd, Payson, Arizona, for the defendants-appellants.

Robert Bartels, Assistant United States Attorney, Phoenix, Arizona, for the plaintiff-appellee.

Before: SNEED and KLEINFELD, Circuit Judges, and WALLACH, Judge.

Opinion by Judge KLEINFELD; Concurrence by Judge WALLACH.

KLEINFELD, Circuit Judge:

This is a mining law case. Issues arise regarding the extent to which the owner of an unpatented mining claim or mill site has surface rights despite the absence of approval of his operating plan or bond, and also the constraints on disapproval.

Facts

Ray and Molly Shumway own seven mill sites in the Tonto National Forest in Arizona. Two of the seven mill...

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