U.S. v. Allen, No. 77-3113

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtBefore DUNIWAY and WRIGHT; PER CURIAM
Citation578 F.2d 236
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Lincoln Albert ALLEN, aka Bud Allen, Helen Carter Allen, and Lincoln Albert Allen, Jr., Defendants-Appellants.
Decision Date14 June 1978
Docket NumberNo. 77-3113

Page 236

578 F.2d 236
UNITED STATES of America, Plaintiff-Appellee,
v.
Lincoln Albert ALLEN, aka Bud Allen, Helen Carter Allen, and
Lincoln Albert Allen, Jr., Defendants-Appellants.
No. 77-3113.
United States Court of Appeals,
Ninth Circuit.
June 14, 1978.

Page 237

Jane Skanderup, Yreka, Cal. (Submitted on the Briefs), for defendants-appellants.

Sanford Sagalkin, Acting Asst. Atty. Gen., Sacramento, Cal. (Submitted on Briefs), for plaintiff-appellee.

Appeal from the United States District Court for the Eastern District of California.

Before DUNIWAY and WRIGHT, Circuit Judges, and KUNZIG, * Judge.

PER CURIAM:

Defendants-appellants owned two mining claims which were the subject of a contest hearing initiated by the Government. The hearing, before an administrative law judge, resulted in a declaration that the claims were null and void. The United States then brought the present ejectment action in Federal District Court. Appellants counterclaimed based on inverse condemnation. The District Court for the Eastern District of California (Wilkins, J.) granted the Government motion for summary judgment, finding appellants' continued occupation to constitute a trespass and ordering appellants to vacate the property. Judge Wilkins also dismissed the counterclaim. We affirm.

In examining a motion for summary judgment, the district court must determine whether any material factual issues exist which can only be resolved through a trial. Radobenko v. Automated Equipment Corp., 520 F.2d 540, 543 (9th Cir. 1975). The District Court specifically held that no such issues were involved. Indeed, there can be no question of fact, as appellants concede that the claims, located on public lands, are null and void. In addition, the record indicates that the Allens never even conducted an actual mining operation on these purported claims.

In order successfully to oppose a motion for summary judgment, a party may not rely solely on conclusory allegations in the pleadings, Retana v. Apartment, Motel, Hotel & Elevator Operators Union, Local No. 14, 453 F.2d 1018, 1022 n. 7 (9th Cir. 1972), but must, instead, offer some evidence at least outlining a factual dispute. Smith v. Mack Trucks, Inc., 505 F.2d 1248, 1249 (9th Cir. 1974). In similar circumstances, this court has previously held summary judgment to be appropriate in a comparable action enjoining a mining claimant who persisted upon remaining at a mining claim which had been declared invalid. Adams v....

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22 practice notes
  • Mineral Policy Center v. Norton, Civil Action 01-00073 (HHK) (D. D.C. 11/18/2003), Civil Action 01-00073 (HHK).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 18 Noviembre 2003
    ...accord Best v. Humboldt Placer Mining Co., 371 U.S. 334, 337 (1963); Cole v. Ralph, 252 U.S. 286, 296 (1920); United States v. Allen, 578 F.2d 236, 238 (9th Cir. 1978); Clouser v. Madigan, 1992 WL 694368, at *16 (D. Or. Dec. 22, 1992); Show v. United States, 13 Cl. Ct. 7, 28 (1987), aff'd, ......
  • Mineral Policy Center v. Norton, No. CIV.A.01-00073(HHK).
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 18 Noviembre 2003
    ...334, 337, 83 S.Ct. 379, 9 L.Ed.2d 350 (1963); Cole v. Ralph, 252 U.S. 286, 296, 40 S.Ct. 321, 64 L.Ed. 567 (1920); United States v. Allen, 578 F.2d 236, 238 (9th Cir.1978); Clouser v. Madigan, 1992 WL 694368, at *16 (D.Or. Dec.22, 1992); Skaw v. United States, 13 Cl.Ct. 7, 28 (1987), aff'd,......
  • S.E.C. v. Murphy, Nos. 76-2299
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 26 Septiembre 1980
    ...56(e); id. at 344. The opponent must present these facts in evidentiary form; he cannot rest on his pleadings. United States v. Allen, 578 F.2d 236, 237 (9th Cir. 1978); Smith v. Saxbe, 562 F.2d 729, 733 (D.C. Cir. 1977). Moreover, the evidence he offers in opposition to the motion for summ......
  • Hallstrom v. CITY OF GARDEN CITY, ID., Civ. No. 87-1360.
    • United States
    • United States District Courts. 9th Circuit. District of Idaho
    • 3 Mayo 1991
    ...a motion for summary judgment, may not simply rest upon the bare pleadings.16 As the Ninth Circuit stated in United States v. Allen, 578 F.2d 236, 237 (9th Cir.1978): "In order successfully to oppose a motion for summary judgment, a party may not rely solely on conclusory allegations i......
  • Request a trial to view additional results
22 cases
  • Mineral Policy Center v. Norton, Civil Action 01-00073 (HHK) (D. D.C. 11/18/2003), Civil Action 01-00073 (HHK).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 18 Noviembre 2003
    ...accord Best v. Humboldt Placer Mining Co., 371 U.S. 334, 337 (1963); Cole v. Ralph, 252 U.S. 286, 296 (1920); United States v. Allen, 578 F.2d 236, 238 (9th Cir. 1978); Clouser v. Madigan, 1992 WL 694368, at *16 (D. Or. Dec. 22, 1992); Show v. United States, 13 Cl. Ct. 7, 28 (1987), aff'd, ......
  • Mineral Policy Center v. Norton, No. CIV.A.01-00073(HHK).
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 18 Noviembre 2003
    ...334, 337, 83 S.Ct. 379, 9 L.Ed.2d 350 (1963); Cole v. Ralph, 252 U.S. 286, 296, 40 S.Ct. 321, 64 L.Ed. 567 (1920); United States v. Allen, 578 F.2d 236, 238 (9th Cir.1978); Clouser v. Madigan, 1992 WL 694368, at *16 (D.Or. Dec.22, 1992); Skaw v. United States, 13 Cl.Ct. 7, 28 (1987), aff'd,......
  • S.E.C. v. Murphy, Nos. 76-2299
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 26 Septiembre 1980
    ...56(e); id. at 344. The opponent must present these facts in evidentiary form; he cannot rest on his pleadings. United States v. Allen, 578 F.2d 236, 237 (9th Cir. 1978); Smith v. Saxbe, 562 F.2d 729, 733 (D.C. Cir. 1977). Moreover, the evidence he offers in opposition to the motion for summ......
  • Hallstrom v. CITY OF GARDEN CITY, ID., Civ. No. 87-1360.
    • United States
    • United States District Courts. 9th Circuit. District of Idaho
    • 3 Mayo 1991
    ...a motion for summary judgment, may not simply rest upon the bare pleadings.16 As the Ninth Circuit stated in United States v. Allen, 578 F.2d 236, 237 (9th Cir.1978): "In order successfully to oppose a motion for summary judgment, a party may not rely solely on conclusory allegations i......
  • Request a trial to view additional results

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