Legal Opinion
United States v. Ray Shumway Molly Shumway
Court of Appeals for the Ninth Circuit
Decided December 28, 1999No. 96-16480PublishedCited by 197 opinions
1Opinion of the Court
Opinion by Judge KLEINFELD; Concurrence by Judge WALLACH.
KLEINFELD, Circuit Judge:
This is a mining law case. Issues arise regarding the extent to which the owner of an unpatented mining claim or mill site has surface rights despite the absence of approval of his operating plan or bond, and also the constraints on disapproval.
Facts
Ray and Molly Shumway own seven mill sites in the Tonto National Forest in Arizona. Two of the seven mill sites, BLM claim numbers AMC 203225 and 209240, are the subject of this lawsuit. The mill sites were held pursuant to mill site claims. Mining claims and mill…
2Cases cited15 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Smelting Co. v. KempSupreme Court of the United States · 1882
- United States v. North American Transportation & Trading Co.Supreme Court of the United States · 1920
- Rick Summers v. A. Teichert & Son, Inc., a California CorporationCourt of Appeals for the Ninth Circuit · 1997
- Virgie Lee Otey v. Melvin MarshallCourt of Appeals for the Eighth Circuit · 1997
10 more not listed; retrieve them via the Exa API.
3Cited by197 opinions
- Diaz v. Eagle Produce Ltd. PartnershipCourt of Appeals for the Ninth Circuit · 2008
- SEC v. PhanCourt of Appeals for the Ninth Circuit · 2007
- Karuk Tribe v. United States Forest ServiceCourt of Appeals for the Ninth Circuit · 2012
- Robert Rodriguez v. Airborne ExpressCourt of Appeals for the Ninth Circuit · 2001
- James River Insurance v. Hebert Schenk, P.C.Court of Appeals for the Ninth Circuit · 2008
192 more not listed; retrieve them via the Exa API.