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AMERICAN COLLOID CO. v. BABBITT

No. 97-8018.

145 F.3d 1152 (1998)

AMERICAN COLLOID COMPANY, Plaintiff-Appellant, v. Bruce BABBITT, Secretary, United States Department of Interior, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 27, 1998.

Attorney(s) appearing for the Case

R. Dennis Ickes of Parry, Lawrence, & Ward, Salt Lake City, UT, for Plaintiff-Appellant.

David A. Kubichek, Assistant United States Attorney (David D. Freudenthal, United States Attorney for the District of Wyoming, and Nicholas Vassallo, Assistant United States Attorney, on the brief), Cheyenne, WY, for Defendant-Appellee.

Before KELLY, McKAY, and HENRY, Circuit Judges.

McKAY, Circuit Judge.

In 1990, the U.S. Department of the Interior's Bureau of Land Management [BLM] determined that two mining claims held by Appellant, American Colloid Company [American Colloid], were null and void ab initio. The basis for the BLM's decision was the fact that American Colloid's predecessors-in-interest in the claims had failed to file a stipulation regarding the claims which was required by the order of the Secretary of the Interior that...

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