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INDEPENDENCE MINING CO., INC. v. BABBITT

No. 95-16112.

105 F.3d 502 (1997)

INDEPENDENCE MINING COMPANY, INC., Plaintiff-Appellant, v. Bruce BABBITT, Secretary of the Interior; United States Department of the Interior; and The Bureau of Land Management, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 23, 1997.

Attorney(s) appearing for the Case

R. Timothy McCrum, Crowell & Moring, Washington, D.C.; Earl M. Hill, Marshall Hill Cassas & De Lipkau, Reno, Nevada, for plaintiff-appellant.

Lisa E. Jones, United States Department of Justice, Washington, D.C.; Natalie Eades, United States Department of the Interior, Office of the Solicitor, Washington, D.C., for the federal appellees.

Before CANBY and FERNANDEZ, Circuit Judges, and KING, District Judge.

OPINION

KING, District Judge:

Independence Mining Company, Inc. ("IMC") appeals the district court's denial of its motion seeking a writ of mandamus or an order compelling the Secretary of the Interior to determine the validity of its mineral patent claims and, if appropriate, issue patents for the claims. IMC contends the district court erred in refusing to direct such actions because IMC had shown the Secretary had enacted certain changes to the procedures...

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