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WEBB v. HODEL

No. 87-1997.

878 F.2d 1252 (1989)

Diana WEBB, in her capacity as personal representative of the Estate of George Schultz, Plaintiff-Appellee, v. Donald P. HODEL, Secretary of the United States Department of the Interior; David K. Grayson, Assistant Regional Solicitor, United States Department of the Interior; Robert F. Burford, Director, Bureau of Land Management, United States Department of the Interior; Roland Robison, Utah State Director, Bureau of Land Management, United States Department of the Interior; and the United States Department of the Interior, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

June 19, 1989.

Attorney(s) appearing for the Case

Craig S. Cook, Salt Lake City, Utah, for plaintiff-appellee.

Sarah P. Robinson, Dept. of Justice, Washington, D.C. (Roger J. Marzulla, Asst. Atty. Gen., Dept. of Justice, Washington, D.C., Brent D. Ward, U.S. Atty., and Kathleen B. Barrett, Asst. U.S. Atty., Salt Lake City, Utah, Gerald S. Fish, and Martin W. Matzen, Dept. of Justice, Washington, D.C., with her on the briefs), for defendants-appellants.

Before McKAY, SETH and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

This case arose out of the Bureau of Land Management's (BLM) voiding of 359 unpatented mining claims which belonged to George R. Schultz, because of Schultz's location of the claims while he was married to a BLM employee violated 43 U.S.C. § 11 (1976) and 43 C.F.R. § 20.735-24 (1982). Schultz appealed the agency decision to the Interior Board of Land Appeals (IBLA), which affirmed. George R. Schultz, 92 Interior Dec. 83, 85...

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