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Legal Opinion

Topaz Beryllium Co. v. United States

District Court, D. Utah

Decided September 28, 1979No. Civ. C-77-0405PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM and ORDER

JENKINS, District Judge.

This is an action to obtain a judgment: (1) declaring unlawful certain mining claim filing regulations promulgated by the Secretary of the Interior and compiled in 43 C.F.R. Subpart 3833, and (2) enjoining their enforcement.

Federal question jurisdiction is alleged (28 U.S.C. § 1331), as well as jurisdiction under the Administrative Procedure Act (5 U.S.C. §§ 702-704) and under statutes authorizing declaratory and injunctive relief against officers of the federal government (28 U.S.C. §§ 2201 and 2202).

Plaintiff Topaz Beryllium Company, a Utah…

2Cases cited2 opinions

  1. Rigby v. RasmussenCourt of Appeals for the Tenth Circuit · 1960
  2. United Mine Workers of America v. Thomas S. Kleppe, Secretary of the Interior, and Inland Steel Company, Intervenor-RespondentCourt of Appeals for the Seventh Circuit · 1977

3Cited by7 opinions

  1. Western Mining Council v. WattCourt of Appeals for the Ninth Circuit · 1981
  2. Western Mining Council v. WattCourt of Appeals for the Ninth Circuit · 1981
  3. Topaz Beryllium Co. v. United StatesCourt of Appeals for the Tenth Circuit · 1981
  4. Rogers v. United StatesDistrict Court, D. Montana · 1982
  5. Oregon Portland Cement Co. v. United States Department of the InteriorDistrict Court, D. Alaska · 1984

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