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SKRANAK v. CASTENADA

Nos. 04-35053, 04-35056.

425 F.3d 1213 (2005)

Henry SKRANAK, Plaintiff, and Alan Skranak; James Skranak, Plaintiffs-Appellants, v. Robert CASTENADA, Supervisor, Kootenai National Forest; United States Forest Service, of the United States Department of Agriculture, Defendants-Appellees. Charles W. Harpole, Plaintiff-Appellant, v. Robert Castenada, Supervisor, Kootenai National Forest; United States Forest Service, of the United States Department of Agriculture, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 12, 2005.

Attorney(s) appearing for the Case

Ward A. Shanahan, Gough, Shanahan, Johnson and Waterman, Helena, MT, argued the cause for the appellants and was on the briefs.

Katherine W. Hazard, Washington, D.C., argued the cause for the appellees. Thomas L. Sansonetti, Assistant Attorney General, Ruth Ann Storey, and John Smeltzer, United States Department of Justice, Washington, D.C., and Alan Campbell and James Snow, United States Department of Agriculture, Washington, D.C., were on the brief.

Before: McKAY, O'SCANNLAIN, and BEA, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether the United States Forest Service properly denied owners access to their patented mining claims within the Kootenai National Forest in Montana.

I

A

Alan Skranak and James Skranak ("the Skranaks") currently own the 50-acre "Fourth-of-July" tract,1 consisting of four mining claims in the Kootenai National Forest in Montana...

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