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MANNING v. U.S.

No. 96-2258.

146 F.3d 808 (1998)

Richard MANNING, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 17, 1998.

Attorney(s) appearing for the Case

Peter V. Domenici, Jr., Dolan & Domenici, P.C., Albuquerque, NM, for Plaintiff-Appellant.

John W. Zavitz, Assistant United States Attorney (John J. Kelly, United States Attorney), United States Attorney's Office, Albuquerque, NM, for Defendant-Appellee.

Before ANDERSON, LOGAN, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Richard Manning appeals from the district court's grant of declaratory and injunctive relief to the United States. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, this court affirms.

I. BACKGROUND

Manning owns an ore-processing plant located on an unpatented millsite within the boundaries of the Gila National Forest. Manning has operated this facility since 1978. On October 5, 1993, two employees of the United States...

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