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SUNRISE VALLEY, LLC v. KEMPTHORNE

No. 06-4188.

528 F.3d 1251 (2008)

SUNRISE VALLEY, LLC; Western Rock Product, a Utah corporation dba Staker and Parson, Plaintiffs-Appellants, v. Dirk KEMPTHORNE, in his capacity as Secretary of the Interior; Bureau of Land Management; United States of America, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 20, 2008.

Attorney(s) appearing for the Case

Blake S. Atkin (with William O. Kimball, Brennan S. Moss on the briefs), Salt Lake City, Utah, for Plaintiffs-Appellants.

Andrea L. Berlowe, U.S. Department of Justice (with Sue Ellen Wooldridge, Assistant Attorney General, William Lazarus, Elizabeth A. Peterson, U.S. Department of Justice), Washington, D.C., for Defendants-Appellees.

Before HENRY, Chief Judge, BRISCOE, and HOLMES, Circuit Judges.

HENRY, Chief Judge.

In this quiet title action brought pursuant to the federal Quiet Title Act, 28 U.S.C. § 2409a, plaintiffs-appellants Sunrise Valley, LLC and Western Rock Product (together, Western Rock), are appealing the order entered by the district court dismissing their amended complaint under Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. Having considered the decisions of the United States Supreme Court in Watt...

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