UNITED STATES v. WEISS

No. 78-2800.

642 F.2d 296 (1981)

UNITED STATES, Plaintiff-Appellee, and State of Idaho, Department of Lands, Intervenor Plaintiff, v. E. B. WEISS, James Click, Sr., Orral W. Lake, H. G. King and Orson Baier, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 13, 1981.


Attorney(s) appearing for the Case

Barry Marcus, Boise, Idaho, for defendants-appellants. Jacques B. Gelin, Dept. of Justice, Washington, D. C., for plaintiff-appellee; Maryann Walsh, U. S. Dept. of Justice, Washington, D. C., on brief.

Before ANDERSON and ALARCON, Circuit Judges, and WILLIAMS, District Judge.


J. BLAINE ANDERSON, Circuit Judge:

Appellants contend that the district court erred in granting summary judgment to the United States and in enjoining them from conducting any mining activity which could result in the disturbance of surface resources until they had complied with regulations under 36 CFR 252. We affirm the judgment of the district court.

BACKGROUND

The appellants are owners of unpatented...

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