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TOPAZ BERYLLIUM CO. v. UNITED STATES

Civ. No. C-77-0405.

479 F.Supp. 309 (1979)

TOPAZ BERYLLIUM COMPANY, a Utah Corporation, Plaintiff, and American Mining Congress, a Colorado Non-Profit Corporation, Colorado Mining Association, a Colorado Non-Profit Corporation, Northwest Mining Association, a Washington Non-Profit Association, Alaska Mining Association, an Alaskan Non-Profit Association, Utah Mining Association, a Utah Non-Profit Corporation, Idaho Mining Association, an Idaho Non-Profit Association, New Mexico Mining Association, a New Mexico Non-Profit Association, Intervenors, v. UNITED STATES of America, United States Department of the Interior, Cecil Andrus, Secretary of the Interior, Bureau of Land Management, and Frank Gregg, Director of Bureau of Land Management, Defendants.

United States District Court, D. Utah, C. D.

September 28, 1979.

Attorney(s) appearing for the Case

Richard K. Sager and Alan L. Sullivan, Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, Howard L. Edwards, The Anaconda Company, Denver, Colo., for plaintiff.

Jerry L. Haggard, Evans, Kitchel & Jenckes, Phoenix, Ariz., Raymond B. Holbrook, Senior & Senior, Salt Lake City, Utah, for intervenor, American Mining Congress.

Don H. Sherwood, William R. Marsh and James M. King, Dawson, Nagel, Sherman & Howard, Denver, Colo., Robert G. Pruitt, Jr., Oliver W. Gushee, Jr. and Thomas A. Nelson, Pruitt & Gushee, Salt Lake City, Utah, for intervenor, Colorado Mining Association.

F. Alan Fletcher, Constance K. Lundberg, Parsons, Behle & Latimer, Salt Lake City, Utah, for intervenors, Northwest Mining Association, Alaska Mining Association, Utah Mining Association, Idaho Mining Association and New Mexico Mining Association.

Ronald L. Rencher, U. S. Atty., Wallace Boyack, Asst. U. S. Atty., Salt Lake City, Utah, Kenneth G. Lee, U. S. Dept. of the Interior, Energy & Resources Division, Gerald S. Fish, Land & Natural Resources Div., Dept. of Justice, Washington, D. C., for defendants.

MEMORANDUM and ORDER

JENKINS, District Judge.

This is an action to obtain a judgment: (1) declaring unlawful certain mining claim filing regulations promulgated by the Secretary of the Interior and compiled in 43 C.F.R. Subpart 3833, and (2) enjoining their enforcement.

Federal question jurisdiction is alleged (28 U.S.C. § 1331), as well as jurisdiction under the Administrative Procedure Act (5 U.S.C. §§ 702-704) and under statutes...

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