Dredge Corp. v. Conn
United States Court of Appeals for the Ninth Circuit
733 F.2d 704 (1984)
- Written by Colette Routel, JD
Facts
In 1975, the Dredge Corporation (plaintiff) filed an application to purchase certain federal lands on which it claimed to have located and discovered sand and gravel pursuant to the General Mining Law of 1872 (GML). The Bureau of Land Management (BLM) (defendant) denied Dredge’s purchase application. The BLM claimed that Dredge had not perfected its claims by establishing that it could have marketed these minerals for a profit prior to the passage of the 1955 Common Varieties Act (CVA), which removed most sand, stone, pumice, and pumicite from the GML. Dredge sued the BLM in federal district court. It argued that the BLM had erred in determining that the sand and gravel could not have been marketed for a profit prior to 1955, because nearby land had sold sand and gravel for a profit around the same time. The BLM countered by arguing that those deposits were of a higher quality than the deposits claimed by Dredge, and that regardless, the supply of sand and gravel exceeded the demand during this time. The district court ruled for the BLM, and Dredge appealed.
Rule of Law
Issue
Holding and Reasoning (Pregerson, J.)
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