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BELL v. UNITED STATES FOREST SERVICE

No. C-74-2399 RFP.

385 F.Supp. 1135 (1974)

Cecil E. BELL, Plaintiff, v. UNITED STATES FOREST SERVICE, Defendant.

United States District Court, N. D. California.

December 6, 1974.

Attorney(s) appearing for the Case

James D. Rohde, Buresh, Schaal & Rohde, San Rafael, Cal., for plaintiff.

Chas. O'Connor, Asst. U. S. Atty., San Francisco, Cal., for defendant.

MEMORANDUM AND ORDER

PECKHAM, District Judge.

Plaintiff, the owner of a mining claim, seeks declaratory and preliminary injunctive relief against defendant United States Forest Service. Plaintiff seeks to restrain defendant from directly preventing or indirectly interfering with plaintiff's removal of certain surface materials from the land that is the subject of the claim.

Plaintiff had a contract to sell surface rock to a construction company for...

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