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INDEPENDENCE MINING CO. v. BABBITT

No. CV-N-94-609-ECR.

885 F.Supp. 1356 (1995)

INDEPENDENCE MINING CO., Plaintiff, v. Bruce BABBITT, in his capacity as Secretary of the United States Department of the Interior, et al., Defendants.

United States District Court, D. Nevada.

Order Denying Reconsideration April 7, 1995.

Attorney(s) appearing for the Case

Earl M. Hill and Ross E. deLipkau, of Marshall, Hill, Cassas & deLipkau, Reno, NV and Steven P. Quarles and R. Timothy McCrum, and Mark C. Kalpin of Crowell & Moring, Washington, DC, for plaintiff.

Shirley Smith, Asst. U.S. Atty., Reno, NV, for defendants.

ORDER

EDWARD C. REED, Jr., District Judge.

Independence Mining Company ("IMC") is the majority partner in a joint venture which operates the Jerritt Canyon Mine and Mill in Elko County, in eastern Nevada. Between February 1991 and September 1992, IMC filed twelve applications for patents covering a total of seventy-two lode mining claims and 156 millsites. Years have passed; no patents have been issued. Frustrated by the delay, IMC seeks to compel...

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