Huntley

Huntley v. Newmont Mining Corp.

Good Law
36 F. App'x 336
United States Court of Appeals for the Ninth CircuitJune 7, 2002Nos. 00-17420, 01-15061; D.C. No. CV-96-00369-HDMCalifornia1,804 words

Opinion

Lead Opinion

MEMORANDUM **

Rex Huntley, Matthew Huntley, and Gregory Gintoff, individually and as a general partnership (collectively “Huntley”), appeal the district court’s grant of final judgment in favor of Newmont Mining Corp., Newmont Gold Co., and Newmont Exploration Ltd. (collectively “Newmont”). Specifically, Huntley appeals the district court’s decision that seven mining claims in the Carlin, Nevada area (collectively the “Bull Moose Claims”) were void under the Federal Land Policy and Management Act of 1976 (“FLPMA”), 43 U.S.C. § 1701 et seq. (1994), because the owner of the claims did not file a notice or affidavit of assessment with the county office for calendar year 1984 as required by subsection (1) of § 1744(a). Because resolution of this issue is dispositive, we need not reach the other issues raised by the parties on appeal.

I.

Between 1953 and 1963, William and Beverly Bleazard (the “Bleazards”) located and staked seven claims on federal public lands situated in Eureka County, Nevada, i.e., the Bull Moose Claims. On February 20,1989, the Bleazards entered into a mining lease with Huntley (the “Bleazard Lease”), whereby Huntley obtained the rights to explore, develop, and…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.