Legal Opinion
Clawson v. United States
United States Court of Claims
Decided October 25, 1991No. 90-3829 LPublishedCited by 13 opinions
1Opinion of the Court
OPINION
WIESE, Judge.
Plaintiff, a mining prospector, is suing here to recover damages for an alleged taking of a mining claim he located adjacent to the Silver Creek in central Idaho, and, alternatively, for breach of an alleged implied contract with the Government allowing him to mine this claim. Defendant denies that a taking has occurred, arguing that the land upon which the claim was staked had previously been closed to mining by act of Congress and that plaintiff therefore held no property interest which could be taken. Further, defendant argues that no implied contract could have arisen…
2Cases cited15 opinions
- Ruckelshaus v. Monsanto Co.Supreme Court of the United States · 1984
- Office of Personnel Management v. RichmondSupreme Court of the United States · 1990
- Webb's Fabulous Pharmacies, Inc. v. BeckwithSupreme Court of the United States · 1980
- United States v. CaliforniaSupreme Court of the United States · 1947
- Florida Rock Industries, Inc., Appellee/cross-Appellant v. The United States, Appellant/cross-AppelleeCourt of Appeals for the Federal Circuit · 1986
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hage v. United StatesUnited States Court of Federal Claims · 1996
- Chattler v. United StatesCourt of Appeals for the Federal Circuit · 2011
- Simpson v. MurkowskiAlaska Supreme Court · 2006
- Beluga Mining Co. v. State, Department of Natural ResourcesAlaska Supreme Court · 1999
- United States v. Iron Mountain Mines, Inc.District Court, E.D. California · 1997
8 more not listed; retrieve them via the Exa API.