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R.T. VANDERBILT CO. v. BABBITT

No. 96-15732.

113 F.3d 1061 (1997)

R.T. VANDERBILT COMPANY, Plaintiff-Appellant, v. Bruce BABBITT, in his official capacity as Secretary of the United States Department of the Interior; Bureau Of Land Management; United States Department Of The Interior, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 14, 1997.

Attorney(s) appearing for the Case

Gary D. Babbitt, Hawley, Troxell, Ennis & Hawley, Boise, Idaho, for plaintiff-appellant.

Lisa E. Jones, United States Department of Justice, Washington, D.C., for defendants-appellees.

Steven P. Quarels and R. Timothy McCrum, Crowell & Moring, Washington, D.C., for amicus.

Before: WIGGINS, TROTT, Circuit Judges, and ZAPATA, District Judge.

OPINION

WIGGINS, Circuit Judge:

R.T. Vanderbilt Company ("Vanderbilt") sought an order from the district court directing the Secretary of the Interior ("Secretary") to continue processing Vanderbilt's mining patent applications. The district court granted summary judgment for the Secretary. We have jurisdiction under 28 U.S.C. § 1291. We AFFIRM, although for somewhat different reasons than those stated by the district court.1

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