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ALASKA PACIFIC, INC. v. UNITED STATES

No. CV LV-85-1016 RDF.

650 F.Supp. 29 (1986)

ALASKA PACIFIC, INC., Plaintiff, v. The UNITED STATES of America; the Secretary of the Interior, as an agent of the United States of America; the Department of the Interior of the United States of America; and the Bureau of Land Management, an agency of the Department of the Interior of the United States of America; and Does 1-20, Defendants.

United States District Court, D. Nevada.

October 27, 1986.

Attorney(s) appearing for the Case

Gregory J. Chachas, Ely, Nev., John W. Muije, Las Vegas, Nev., for plaintiff.

Wm. Maddox, U.S. Atty. by Robert J. Johnston, Asst. U.S. Atty., Las Vegas, Nev., for defendants.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

ROGER D. FOLEY, Senior District Judge.

FACTUAL BACKGROUND

In 1976, Congress passed the Federal Land Policy and Management Act (FLPMA), codified at 43 U.S.C. §§ 1701-1784. Section 314 of the Act establishes a federal recording system, which has two general requirements for those wishing to retain their unpatented mining claims. First, notices of location for the claims must have been initially...

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