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DIMITROV v. NORTON

No. CV-06-58-BLG-RFC.

479 F.Supp.2d 1141 (2007)

Julie DIMITROV, Lauretta Ferranti, Laura Jean Cole, and Opal Blair, Plaintiff, v. Gale NORTON, Secretary of the Department of the Interior; Kathleen Clarke, Director; Bureau of Land Management; Howard Lemm, Acting Montana State Director, Bureau of Land Management; and U.S Department of Interior, Defendant.

United States District Court, D. Montana. Billings Division.

March 14, 2007.

Attorney(s) appearing for the Case

Alan Lynn Joscelyn, Gough Shanahan Johnson & Waterman, Helena, MT, Ronald W. Opsahl, Mountain States Legal Foundation, Lakewood, CO, for Plaintiffs.

Eric B. Wolff, Office of the U.S. Attorney, Billings, MT, for Defendants.

ORDER

CEBULL, District Judge.

On November 30, 2006, United States Magistrate Judge Richard W. Anderson entered his Findings and Recommendation. Magistrate Judge Anderson recommends that Plaintiff's motion for summary judgment be granted and the decision of the IBLA forfeiting 28 mining claims for failure to file a timely waiver application be reversed. Magistrate Judge Anderson also recommends that the case be remanded to the IBLA, with instruction to reinstate...

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