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BEDROC LTD., L.L.C. v. U.S.

No. 01-17080.

314 F.3d 1080 (2002)

BEDROC LIMITED, L.L.C., a Nevada Limited Liability Company, Plaintiff-Counter-Defendant-Appellant, and Western Elite, Inc., a Nevada corporation, Plaintiff-Appellant, and Earl Williams, an individual, Plaintiff-Counter-Defendant, v. The UNITED STATES of America; Gale A. Norton, Secretary of the Interior; United States Department of the Interior, Bureau of Land Management; and Curtis L. Tucker, Area Manager, Caliente Resource Area Bureau of Land Management, Defendants-Counterclaimants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 30, 2002.

Attorney(s) appearing for the Case

L. Eric Lundgren, Lundgren Law Offices, P.C., Cheyenne, WY, for the plaintiffs-appellants.

Blaine T. Welsh, Assistant United States Attorney, Environment and Natural Resources Division, Las Vegas, NV, for the defendants-appellees.

Before HAWKINS, GRABER, and TALLMAN, Circuit Judges.

OPINION

GRABER, Circuit Judge.

In this appeal, we must decide whether sand and gravel are "valuable minerals" within the meaning of the Pittman Underground Water Act (the Act or the Pittman Act), 43 U.S.C. §§ 351-359 (1935).1 The now-repealed Act provided grants, or "patents," of federal public lands to people who found underground sources of water in the deserts of Nevada...

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