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PITKIN IRON CORP. v. KEMPTHORNE

Civil Action No. 06-cv-02605-LTB.

554 F.Supp.2d 1208 (2008)

PITKIN IRON CORPORATION, a Colorado corporation, Plaintiff, v. Dirk KEMPTHORNE, in his official capacity as Secretary of the United States Department of the Interior, Bureau of Land Management, an agency of the United States Department of the Interior, and Interior Board of Land Appeals, Defendants.

United States District Court, D. Colorado.

May 9, 2008.

Attorney(s) appearing for the Case

Geoffrey P. Anderson, Scott A. Clark, Burns, Figa & Will, P.C., Greenwood Village, CO, for Plaintiff.

Mark S. Barron, U.S. Department of Justice, Washington, DC, Lori Caramanian, U.S. Department of Justice, Denver, CO, for Defendants.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Plaintiff, Pitkin Iron Corporation ("Pitkin"), seeks reversal of the Interior Board of Land Appeals ("IBLA") decision in this matter dated November 29, 2006, and affirmance of Chief Administrative Law Judge ("ALJ") Holmes's decision dated May 3, 2004. The ALJ's decision held the Government had not made a prima facie case that limestone on two placer claims— Chemin 5 and Chemin...

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