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NEW WEST MATERIALS v. INTERIOR BD. OF LAND APPEALS

No. 05CV403.

398 F.Supp.2d 438 (2005)

NEW WEST MATERIALS LLC, and JWR, INC. Plaintiffs, v. INTERIOR BOARD OF LAND APPEALS, and Bureau of Land Management Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

October 28, 2005.

Attorney(s) appearing for the Case

Dennis Carl Barghaan, Jr., U.S. Atty's Office, Alexandria, VA, for Bureau of Land Management.

Thomas Phillip Mains, Jr., Great Falls, VA, for JWR, Inc.

David William O'Brien, Crowell & Moring, LLP, Washington, DC, for New West Materials, LLC.

MEMORANDUM OPINION

ELLIS, District Judge.

At issue in this Administrative Procedure Act1 ("APA") suit for review of final agency action is whether the reservation of "oil, gas, and all other mineral deposits" in the Small Tract Act of 19382 ("STA") encompasses sand and gravel.

I.3

Because...

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