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FADEM v. UNITED STATES

No. 85-6153.

791 F.2d 1381 (1986)

Robert S. FADEM and Mary O. Fadem, Plaintiffs/Appellants, v. UNITED STATES of America; William Clark, Secretary of the Interior; and Robert Burford, Director, Bureau of Land Management, Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 16, 1986.

As Amended August 12, 1986.

Attorney(s) appearing for the Case

Alexandra M. Kwoka, Joel C. Estes, Kevin J. Hoyt, Estes & Hoyt, San Diego, Cal., for plaintiffs/appellants.

Claire L. McGuire, Dept. of Justice, Washington, D.C., for defendants/appellees.

Before SCHROEDER, BOOCHEVER, and HALL, Circuit Judges.

PER CURIAM.

The appellants, Robert and Mary Fadem, filed this action in district court for declaratory and monetary relief against the government in connection with a dispute over proper boundaries of their property. They assert that the district court had jurisdiction under the Bona Fide Rights Act, 43 U.S.C. § 772 and 28 U.S.C. § 1331. The district court dismissed, holding that appellants' exclusive remedy for settlement of such boundary disputes was provided...

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