Edward R. Swoboda v. Pala Mining, Inc., Jean Magee as of the Estate of William Magee and Eduard Link

AGUILAR, District Judge:

I

OVERVIEW

This case provides a rare opportunity for judicial analysis of a relatively obscure area of the federal mining laws. For reasons explained below, we affirm the district court’s disposition in all respects except on the issue of damages. Because the Special Master’s findings with respect to damages (which the district court adopted) were not supported by evidence in the record, we remand solely on the issues of damages for reexamination de novo.

II

FACTS

Since 1980, 1 appellee Edward R. Swoboda has owned and operated the Stewart Mine, which is comprised of 19.54…