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BEDROC LIMITED, LLC v. UNITED STATES

No. 02-1593.

541 U.S. 176 (2004)

BEDROC LIMITED, LLC, ET AL. v. UNITED STATES ET AL.

Supreme Court of United States.

Decided March 31, 2004.

Attorney(s) appearing for the Case

R. Timothy McCrum argued the cause for petitioners. With him on the briefs were Clifton S. Elgarten and Ellen B. Steen.

Assistant Attorney General Sansonetti argued the cause for respondents. With him on the brief were Solicitor General Olson, Deputy Solicitor General Kneedler, Dan Himmelfarb, William B. Lazarus, Elizabeth Ann Peterson, and Blaine T. Welsh.*

REHNQUIST, C. J., announced the judgment of the Court and delivered an opinion, in which O'CONNOR, SCALIA, and KENNEDY, JJ., joined. THOMAS, J., filed an opinion concurring in the judgment, in which BREYER, J., joined, p. 187. STEVENS, J., filed a dissenting opinion, in which SOUTER and GINSBURG, JJ., joined, p. 189.

CHIEF JUSTICE REHNQUIST announced the judgment of the Court and delivered an opinion, in which JUSTICE O'CONNOR, JUSTICE SCALIA, and JUSTICE KENNEDY join.

The question here is whether sand and gravel are "valuable minerals" reserved to the United States in land grants issued under the Pittman Underground Water Act of 1919 (Pittman Act or Act), ch. 77, 41 Stat. 293. We hold they are not.

Beginning with the Homestead Act of 1862, ch. 75, 12 Stat. 392, and stretching...

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