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HJELVIK v. BABBITT

No. 98-35340.

198 F.3d 1072 (1999)

John HJELVIK, True Craig, Jr., Plaintiffs-Appellees, v. Bruce BABBITT, Secretary of the Interior, United States Department of the Interior, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Memorandum filed October 27, 1999.

Memorandum Withdrawn December 7, 1999.

Filed December 7, 1999.

Attorney(s) appearing for the Case

Katherine W. Hazard, United States Department of Justice, Washington, D.C., for the defendant-appellant.

Peter T. Stanley, Billings, Montana, for the plaintiffs-appellees.

Before: CANBY, BRUNETTI, and O'SCANNLAIN, Circuit Judges.

ORDER

BRUNETTI, Circuit Judge:

The memorandum disposition filed October 27, 1999, is hereby WITHDRAWN. An opinion is being filed in place of the memorandum disposition.

OPINION

This appeal involves the review of an administrative proceeding which culminated in a decision of the Interior Board of Land Appeals ("IBLA") finding that fourteen1 unpatented mining claims...

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