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BOLACK MINERALS CO. v. NORTON

No. CIV.A. 04-738(JDB).

370 F.Supp.2d 161 (2005)

BOLACK MINERALS COMPANY Plaintiff, v. Gale A. NORTON, Secretary of the United States Department of the Interior Defendant.

United States District Court, District of Columbia.

March 31, 2005.

Attorney(s) appearing for the Case

William Francis Demarest, Blackwell Sanders Peper Martin, Washington, DC, for plaintiff.

Peter S. Smith, United States Attorney's Office, Washington, DC, for defendant.

MEMORANDUM OPINION

BATES, District Judge.

This case involves the status of a right-of-way to operate a communications site in Farmington, New Mexico, and the disposition of the land underlying the right-of-way. The United States issued the right-of-way to a radio station in 1981. At the time, the United States owned the land surrounding and underlying the right-of-way. Shortly thereafter, the United States issued a land patent to plaintiff Bolack...

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