Legal Opinion
Rogers v. United States
District Court, D. Montana
Decided June 28, 1982No. CV 80-114-HPublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION
BATTIN, Chief Judge.
This matter is before the Court on cross-motions for summary judgment. The issue presented is whether an irrebuttable presumption that an unfiled missing claim is abandoned, violates the due process clause of the Fifth Amendment. Because the Court finds the statute in question to be unconstitutional, plaintiffs motion for summary judgment is granted.
I. FACTUAL BACKGROUND
This case concerns ten mining claims owned by plaintiff M.E. Rogers. On October 21,1950, Herbert W. Carver located the Ross, Stable Vein and Carlton Lode Mining Claims on United States…
2Cases cited20 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Stanley v. IllinoisSupreme Court of the United States · 1972
- Califano v. SandersSupreme Court of the United States · 1977
- Meachum v. FanoSupreme Court of the United States · 1976
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3Cited by6 opinions
- United States v. LockeSupreme Court of the United States · 1985
- Tosco Corp. v. HodelDistrict Court, D. Colorado · 1985
- Locke v. United StatesDistrict Court, D. Nevada · 1983
- Oregon Portland Cement Co. v. United States Department of the InteriorDistrict Court, D. Alaska · 1984
- United States v. LockeSupreme Court of the United States · 1985
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