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HOEFLER v. BABBITT

Civil No. 93-1427-FR.

952 F.Supp. 1448 (1996)

Gary HOEFLER, Don Wurster, Cameron Anderson and Robin Anderson, Owners of the Placer Wilson Mining Claim, Plaintiffs, v. Bruce BABBITT, Secretary of the Interior, Michael Dombeck, Acting Director, Bureau of Land Management, Elaine Zielinski, State Director, Oregon Office, Bureau of Land Management, United States Department of the Interior, Dan Glickman, Secretary of Agriculture, Jack Ward Thomas, Chief, Forest Service, Robert W. Williams, Acting Regional Forester, Mike Lunn, Forest Supervisor, Siskiyou National Forest, Mary Zuschlag, District Manager, Defendants.

United States District Court, D. Oregon.

October 7, 1996.

Attorney(s) appearing for the Case

Roger F. Dierking, Philip F. Schuster, Dierking & Schuster, Portland, OR, for Plaintiffs.

Kristine Olson, United States Attorney, Thomas C. Lee, Assistant United States Attorney, Portland, OR, for Defendants.

OPINION

FRYE, District Judge:

This action arises from a decision of the Interior Board of Land Appeals (the IBLA) declaring the Wilson placer mining claim of the plaintiffs null and void ab initio. The plaintiffs seek review of this decision. Before the court is the motion of the defendants to dismiss (# 36-1) and/or for summary judgment (# 36-2). The defendants move the court to dismiss the plaintiffs' first claim for quiet title for failure to state...

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