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WESTERN NUCLEAR, INC. v. ANDRUS

No. C78-129K.

475 F.Supp. 654 (1979)

WESTERN NUCLEAR, INC., a Delaware Corporation, authorized and doing business in the State of Wyoming, Plaintiff, v. Cecil ANDRUS, Secretary of the United States Department of the Interior, and the United States of America, Defendants, and Wyoming Stock Growers Association, John Orr and the Associated General Contractors of Wyoming, Intervenors.

United States District Court, D. Wyoming.

August 27, 1979.

Attorney(s) appearing for the Case

Paul J. Hickey, of Horiskey, Bagley & Hickey, Cheyenne, Wyo., Harley W. Shaver and John H. Licht, of Canges & Shaver, Denver, Colo., and Terrence A. Kippen, of Western Nuclear, Inc., Denver, Colo., for plaintiff Western Nuclear, Inc.

Charles E. Graves, U. S. Atty., for the District of Wyoming, Sharon A. Lyman, Asst. U. S. Atty., for the District of Wyoming, Cheyenne, Wyo., and Lyle K. Rising, Dept. of Interior, Denver, Colo., for defendants.

Glenn Parker, of Hirst & Applegate, Cheyenne, Wyo., for intervenor Wyoming Stock Growers Association.

Marilyn S. Kite, Laramie, Wyo., for intervenors John Orr and the Associated General Contractors of Wyoming.

MEMORANDUM OPINION

KERR, District Judge.

This case presents the question of whether gravel is a mineral. It is a dispute between Western Nuclear, a mining company, and the Interior Department (BLM) over the ownership of certain gravel deposits. The facts are not in dispute.

Western Nuclear has been located in Jeffrey City, Wyoming since the early 50's when uranium was first discovered on Green Mountain. Exploration in the area has been going on for...

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