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SIMS v. ELLIS

Case No. 1:12-CV-00505-EJL.

972 F.Supp.2d 1196 (2013)

Sandy Howard SIMS, Plaintiff, v. Steven ELLIS, in his official capacity as the Director of the Idaho State Office of the United States Bureau of Land Management, Mike Pool, in his official capacity as the Acting Director of the United States Bureau of Land Management and Ken Salazar, in his official capacity of Secretary of the United States Department of Interior, Defendants.

United States District Court, D. Idaho.

September 16, 2013.

Attorney(s) appearing for the Case

Barry L. Marcus , Michael R. Christian , Marcus Christian Hardee & Davies LLP, Boise, ID, for Plaintiff.

Nicholas J. Woychick , U.S. Attorney's Office, Boise, ID, for Defendants.

MEMORANDUM ORDER

EDWARD J. LODGE, District Judge.

Plaintiff Sandy Howard Sims ("Plaintiff" or "Sims") owns an operating mine known as the "Democrat Mine" conducted on patented lode mining claims located in the Salmon-Challis National Forest. (Dkt. 1, ¶ 3.) On or about June 5, 1992, Plaintiff filed an application to patent seven mill site claims associated with his use of the Democrat Mine. (Id., ¶¶ 4, 8.) Plaintiff

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