Last Chance Mining Co. v. United States

OPINION

BRUGGINK, Judge.

This action is currently before the court on plaintiff’s motion for summary judgment and defendant’s motion for judgment on the pleadings. After consideration of the parties’ written submissions1 and oral argument, for reasons set forth herein, the court concludes that plaintiff has failed to state a claim upon which relief can be granted.

BACKGROUND2

Prior to December 1979, Last Chance Mining Company (“Last Chance”) owned a *553fifty percent interest in unpatented lode mining claims known as Pioneer # 1 through # 22. Alaska Pacific, Inc. owned the remaining interest. The…