Legal Opinion
Mt. Emmons Mining Co. v. Babbitt
Court of Appeals for the Tenth Circuit
Decided June 30, 1997No. 96-1230PublishedCited by 43 opinions
1Opinion of the Court
BRISCOE, Circuit Judge.
Mt. Emmons Mining Company (Mt.Em-mons) appeals from the district court’s order granting summary judgment in favor of defendant Bruce Babbitt, Secretary of the Interior, (Secretary) in Mt. Emmons’ action to compel the Secretary to continue processing its application for several mining patents covering ten lode mining claims in Gunnison, Colorado. The district court found as a matter of law that the Secretary could not further process the patent application because of a congressionally-imposed moratorium. We have jurisdiction under 28 U.S.C. § 1291. We reverse and find…
2Cases cited14 opinions
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- National Railroad Passenger Corporation v. Boston & Maine Corp.Supreme Court of the United States · 1992
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3Cited by43 opinions
- Baty v. Willamette Industries, Inc.Court of Appeals for the Tenth Circuit · 1999
- Forest Guardians v. BabbittCourt of Appeals for the Tenth Circuit · 1999
- Yue Yu v. BrownDistrict Court, D. New Mexico · 1999
- United Tribe of Shawnee Indians v. United StatesCourt of Appeals for the Tenth Circuit · 2001
- State of South Carolina v. United StatesCourt of Appeals for the Fourth Circuit · 2018
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