Legal Opinion
Locke v. United States
District Court, D. Nevada
Decided October 20, 1983No. Civ. R-82-297 BRTPublishedCited by 6 opinions
1Opinion of the Court
ORDER GRANTING SUMMARY JUDGMENT
BRUCE R. THOMPSON, District Judge.
The primary issue raised by the parties’ cross-motions for summary judgment is the constitutionality of 43 U.S.C. § 1744(a) and (c). This statute creates an irrebuttable presumption that mining claims are abandoned if the miner fails to timely file an annual proof of labor (assessment notice). After careful consideration, we conclude that this statute violates the due process clause of the Fifth Amendment. In addition, we conclude that the plaintiffs here have substantially complied with the statute regardless of its…
2Cases cited14 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Stanley v. IllinoisSupreme Court of the United States · 1972
- Weinberger v. SalfiSupreme Court of the United States · 1975
- Memphis Light, Gas & Water Division v. CraftSupreme Court of the United States · 1978
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
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3Cited by6 opinions
- United States v. LockeSupreme Court of the United States · 1985
- Tosco Corp. v. HodelDistrict Court, D. Colorado · 1985
- Oregon Portland Cement Co. v. United States Department of the InteriorDistrict Court, D. Alaska · 1984
- United States v. LockeSupreme Court of the United States · 1985
- United States v. LockeSupreme Court of the United States · 1985
1 more not listed; retrieve them via the Exa API.