Legal Opinion

Al Hamilton Contracting Co. v. Kempthorne

District Court, W.D. Pennsylvania

Decided March 16, 2009No. Civil Action 07-212Published

1Opinion of the Court

Opinion And Order of Court

KIM R. GIBSON, District Judge.

This matter comes before the Court on cross motions for summary judgment filed by the Plaintiff, A1 Hamilton Contracting (“Hamilton”), and Defendant, Secretary of the Department of the Interior (“Secretary”). Hamilton brings this case seeking judicial review of an administrative decision by the Interior Board of Land Appeals (“the Board”), pursuant to 30 U.S.C. § 1276(a)(2). Since neither discovery nor trial is authorized pursuant to 30 U.S.C. § 1276(b) and Federal Rule of Civil Procedure 26(a)(1)(B), the parties were not required to…

2Cases cited7 opinions

  1. Udall v. TallmanSupreme Court of the United States · 1965
  2. Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
  3. Thomas Jefferson University v. ShalalaSupreme Court of the United States · 1994
  4. Grady v. Frito-Lay, Inc.Supreme Court of Pennsylvania · 2003
  5. Gardebring v. JenkinsSupreme Court of the United States · 1988

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