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YUBA NATURAL RESOURCES, INC. v. U.S.

Appeal No. 86-1700.

821 F.2d 638 (1987)

YUBA NATURAL RESOURCES, INC. and Placer Service Corporation, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Federal Circuit.

June 18, 1987.

Attorney(s) appearing for the Case

John J. Dacey, Goldstein, Barceloux & Goldstein, San Francisco, Cal., argued for appellants. With him on the brief were Burton J. Goldstein and Janet A. Econome, San Francisco, Cal., of counsel.

Dirk Snel, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., argued for appellee. With him on the brief were F. Henry Habicht, II, Asst. Atty. Gen., Glen R. Goodsell and Elizabeth Ann Peterson, Washington, D.C.

Before MARKEY, Chief Judge, and RICH and NIES, Circuit Judges.

RICH, Circuit Judge.

This is an interlocutory appeal certified by Judge Miller of the United States Claims Court under 28 U.S.C. § 1292(d)(2) here on petition of Yuba Natural Resources, Inc. (Yuba) presenting the question whether the taking of Yuba's mineral rights in land owned in fee by the United States was temporary or permanent. We granted Yuba permission to take this appeal on September 23, 1986. The Claims Court, in its July 19, 1986, opinion, 10 Cl.Ct...

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