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PORTLAND GENERAL ELEC. CO. v. KLEPPE

No. C76-155K.

441 F.Supp. 859 (1977)

PORTLAND GENERAL ELECTRIC COMPANY, an Oregon Corporation and L. C. Curtright, Plaintiffs, v. Thomas KLEPPE, Secretary of the Interior, Curtis J. Berklund, Director of Bureau of Land Management, Daniel P. Baker, State Director, Bureau of Land Management, Wyoming, Fred E. Wolf, District Manager, Bureau of Land Management, Rawlins, Wyoming, Defendants.

United States District Court, D. Wyoming.

December 14, 1977.

Attorney(s) appearing for the Case

James L. Applegate of Hirst & Applegate, Cheyenne, Wyo. and Rockne Gill and Paul N. Daigle of Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland, Or., for plaintiffs.

Charles E. Graves, U. S. Atty., Dist. of Wyoming and John E. Lindskold, Atty., Dept. of Justice, Washington, D. C., for defendants.

MEMORANDUM OPINION

KERR, District Judge.

This case presents the question of the validity of 1,740 uranium mining claims located by plaintiff Portland General Electric (P.G.E.) on lands located in the State of Wyoming and purportedly withdrawn by Order of the Secretary of the Interior. The validity of these claims hinges upon the authority of the withdrawal Order and the propriety of such withdrawal.

Defendants filed their Motion for Judgment on the...

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