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HOEFLER v. BABBITT

No. 96-36286.

139 F.3d 726 (1998)

Gary HOEFLER, Don Wurster, Cameron Anderson and Robin Anderson, Owners of the Placer Wilson Mining Claim, Plaintiffs-Appellants, v. Bruce BABBITT, Secretary of the Interior; Michael Dombeck, Acting Director Bureau of Land Management; Elaine Zielinski, State Director, Oregon Office, Bureau of Land Management; Dan Glickman, Secretary of Agriculture; Jack Ward Thomas, Chief Forest Service; Robert W. Williams, Acting Regional Forester; Mike Lunn, Forest Supervisor, Siskiyou National Forest; Mary Zuschlag, District Manager, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 20, 1998.

Attorney(s) appearing for the Case

Philip F. Schuster, II, Dierking & Schuster, Portland, OR, for plaintiffs-appellants.

Robert L. Klarquist, Environment & Natural Resources Division, Department of Justice, Washington, DC, for defendants-appellees.

Before: FERNANDEZ, RYMER and TASHIMA, Circuit Judges.

TASHIMA, Circuit Judge:

Plaintiffs appeal from the district court's grant of summary judgment and dismissal of their claims relating to a decision of the Interior Board of Land Appeals ("IBLA"), which affirmed a decision of the Bureau of Land Management, declaring their mining claim void ab initio. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.1

I.

We review de novo a grant of summary judgment...

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