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ROGERS v. UNITED STATES

No. CV 80-114-H.

575 F.Supp. 4 (1982)

M.E. ROGERS, Plaintiff, 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. Montana, Helena Division.

June 28, 1982.

Attorney(s) appearing for the Case

Ward A. Shanahan, Gough, Shanahan, Johnson & Waterman, Helena, Mont., for plaintiff.

Gerald S. Fish, Dept. of Justice, Washington, D.C., and Frank D. Meglen, Asst. U.S. Atty., Billings, Mont., for defendants.

MEMORANDUM OPINION

BATTIN, Chief Judge.

This matter is before the Court on cross-motions for summary judgment. The issue presented is whether an irrebuttable presumption that an unfiled missing claim is abandoned, violates the due process clause of the Fifth Amendment. Because the Court finds the statute in question to be unconstitutional, plaintiff's motion for summary judgment is granted.

I. FACTUAL BACKGROUND

This case concerns ten mining...

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