Legal Opinion

Ken McMaster v. United States

Court of Appeals for the Ninth Circuit

Decided September 24, 2013No. 11-17489PublishedCited by 38 opinions

1Opinion of the Court

OPINION

BYBEE, Circuit Judge:

McMaster owns the Oro Grande mining claim, located in the Trinity Alps Wilderness area. In 1992, McMaster filed an application for a patent, having satisfied all of the requirements for receiving a patent under the General Mining Law of 1872. However, the Bureau of Land Management (“BLM”) granted McMaster a patent to only the mineral estate; the surface estate was reserved to the United States. McMaster brought suit under the Quiet Title Act (“QTA”), Administrative Procedure Act (“APA”), and Declaratory Judgment Act (“DJA”), seeking to quiet fee-simple title to the…

2Cases cited48 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  3. United States v. Mead Corp.Supreme Court of the United States · 2001
  4. Christensen v. Harris CountySupreme Court of the United States · 2000
  5. Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988

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3Cited by38 opinions

  1. Carey Mills v. United StatesCourt of Appeals for the Ninth Circuit · 2014
  2. Kristensen v. Credit Payment ServicesDistrict Court, D. Nevada · 2014
  3. United Aeronautical Corp. v. UsafCourt of Appeals for the Ninth Circuit · 2023
  4. Sierra Club v. U.S. Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 2014
  5. In re Seagate Technology LLC LitigationDistrict Court, N.D. California · 2017

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