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MT. EMMONS MIN. CO. v. BABBITT

No. 96-1230.

117 F.3d 1167 (1997)

MT. EMMONS MINING COMPANY, a corporation, Plaintiff-Appellant, v. Bruce BABBITT, Secretary of the United States Department of Interior, Department of Interior, and Bureau of Land Management, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 30, 1997.

Attorney(s) appearing for the Case

Stephen D. Alfers, Alfers & Carver, Denver, CO (Bruce C. Kirchhoff, Alfers & Carver, Denver, CO; Don H. Sherwood, Parcel, Mauro, Hultin & Spaanstra, P.C., Denver, CO; and John R. Henderson, Vranesh & Raisch, LLC, Boulder, CO, with him on the brief), for Plaintiff-Appellant.

Robert H. Oakley, U.S. Department of Justice, Environment & Natural Resources Division (Gerald S. Fish, U.S. Department of Justice, Environment & Natural Resources Division; Lois J. Schiffer, Assistant Attorney General; and Karen Hawbecker, Office of the Solicitor, with him on the brief), Washington, DC, for Defendants-Appellees.

Before EBEL, HENRY, and BRISCOE, Circuit Judges.

BRISCOE, Circuit Judge.

Mt. Emmons Mining Company (Mt.Emmons) appeals from the district court's order granting summary judgment in favor of defendant Bruce Babbitt, Secretary of the Interior, (Secretary) in Mt. Emmons' action to compel the Secretary to continue processing its application for several mining patents covering ten lode mining claims in Gunnison, Colorado. The district court found as a matter of law that the Secretary could not further process the patent...

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