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COLLORD v. U.S. DEPT. OF INTERIOR

No. 96-36179.

154 F.3d 933 (1998)

James COLLORD; Marjorie Collord, Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF THE INTERIOR; Bruce Babbitt; Interior Board of Land Appeals, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 20, 1998.

Attorney(s) appearing for the Case

Jeffrey C. Dobbins, Department of Justice, Washington, DC, for the appellants.

Jeffrey C. Fereday, Givens Pursley & Huntley LLP, Boise, Idaho, for the appellees.

Before: HUG, Chief Judge, REINHARDT, Circuit Judge, and REED, District Judge.

HUG, Chief Judge:

The issue presented in this case is whether the Equal Access to Justice Act ("EAJA"), 5 U.S.C. § 504, applies to an administrative proceeding where the Secretary of Interior contests the validity of a mining claim on federal land. We hold that the EAJA applies to mining claim contest proceedings.

I. FACTS AND PROCEDURAL BACKGROUND

This case involves an administrative proceeding to determine the validity of lode mining claims...

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