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DISTRICT 22 UNITED MINE WORKERS OF AMERICA v. UTAH

Nos. 98-4092, 98-4100.

229 F.3d 982 (2000)

DISTRICT 22 UNITED MINE WORKERS OF AMERICA; Michael Svetich; Maurice Brown; Charles Byrge; and J.R. Scott, Plaintiffs-Appellants and Cross-Appellees, v. State of UTAH; The School and Institutional Trust Lands Administration, Defendants-Appellees and Cross-Appellants, Utah State Board of Education and State Office of Education, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

As Amended on Denial of Rehearing November 6, 2000.

Attorney(s) appearing for the Case

Kerry L. Chlarson, Sandy, Utah (Robert B. Sykes, James D. Vilos, and Jarett K. Abramson, of Sykes & Vilos, P.C., Salt Lake City, Utah, with him on the briefs), for Plaintiffs-Appellants.

Debra J. Moore, Assistant Utah Attorney General, Salt Lake City, Utah, for Defendant-Appellee.

Gayle F. McKeachnie of McKeachnie, Allred & McClellan, P.C., Vernal, Utah, filed a brief on behalf of the Amicus Curiae.

Before TACHA, BRORBY and EBEL, Circuit Judges.

EBEL, Circuit Judge.

The United Mine Workers of America, District No. 22, Michael Svetich, Maurice Brown, Charles Byrge, and J.R. Scott (collectively, the "Miners") filed a complaint against the State of Utah and the School and Institutional Trust Lands Administration (together, "Utah") in the United States District Court for the District of Utah alleging breach of trust with respect to certain lands within the state of Utah conveyed by the federal government to Utah...

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