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DOWNSTATE STONE CO. v. UNITED STATES

No. 82-2795.

712 F.2d 1215 (1983)

DOWNSTATE STONE COMPANY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 29, 1983.

Attorney(s) appearing for the Case

James C. Cook, Walter & Williams, P.C., Belleville, Ill., for plaintiff-appellant.

Robert L. Simpson, Asst. U.S. Atty., Frederick J. Hess, U.S. Atty., East St. Louis, Ill., for defendant-appellee.

Before CUMMINGS, Chief Judge, PELL, Circuit Judge, and BROWN, Senior Circuit Judge.

CUMMINGS, Chief Judge.

Downstate Stone Company ("Downstate") commenced a quiet title action against the United States pursuant to 28 U.S.C. § 2409a on October 6, 1980, to determine whether it is entitled to quarry limestone under a mineral reservation it holds on two parcels of land located in the Shawnee National Forest in Illinois. At the same time Downstate sought to enjoin preliminarily the United States from enforcing several criminal statutes intended to...

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