FOOTE MINERAL CO. v. UNITED STATES

No. 12-78.

654 F.2d 81 (1981)

FOOTE MINERAL COMPANY, a Pennsylvania Corporation v. The UNITED STATES.

United States Court of Claims.

July 1, 1981.


Attorney(s) appearing for the Case

Randy L. Parcel, Denver, Colo., Atty. of record, for plaintiff. Joseph E. Meyer, III, Denver, Colo., Earl M. Hill, Reno, Nev., and Parcel, Talesnick, Meyer & Schwartz, Denver, Colo., of counsel.

Dorothy R. Burakreis, Washington, D.C., with whom was Acting Asst. Atty. Gen. Anthony C. Liotta, Washington, D.C., for defendant. Kenneth G. Lee, Washington, D.C., of counsel.

Before SKELTON, Senior Judge, and KASHIWA and BENNETT, Judges.


ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT

BENNETT, Judge:

This is a suit for refund of royalties paid by plaintiff to the United States for lithium which plaintiff mines on federal lands near Silver Peak, Nevada. Defendant counterclaims for additional royalties. Plaintiff seeks review of a decision by the Department of the Interior Board of Land Appeals (IBLA or the board) adverse to plaintiff on its claim...

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