Legal Opinion

Manning v. United States

Court of Appeals for the Tenth Circuit

Decided June 17, 1998No. 96-2258PublishedCited by 55 opinions

1Opinion of the Court

MURPHY, Circuit Judge.

Richard Manning appeals from the district court’s grant of declaratory and injunctive relief to the United States. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, this court affirms.

I. BACKGROUND

Manning owns an ore-processing plant located on an unpatented millsite within the boundaries of the Gila National Forest. Manning has operated this facility since 1978. On October 5, 1993, two employees of the United States Forest Service inspected Manning’s millsite after entering the site through the locked fence surrounding the ore-processing facility.

Manning filed this…

2Cases cited19 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Foman v. DavisSupreme Court of the United States · 1962
  3. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  4. Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
  5. Skidmore v. Swift & Co.Supreme Court of the United States · 1944

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3Cited by55 opinions

  1. The Wilderness Society Alaska Center for the Environment v. United States Fish & Wildlife ServiceCourt of Appeals for the Ninth Circuit · 2003
  2. United States v. GayCourt of Appeals for the Tenth Circuit · 2001
  3. Keys Youth Services, Inc. v. City of OlatheCourt of Appeals for the Tenth Circuit · 2001
  4. United States v. HeckardCourt of Appeals for the Tenth Circuit · 2001
  5. United States v. GonzalesCourt of Appeals for the Tenth Circuit · 1999

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