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f,. ~ <br />~~IINITED STATES DE~(TbIEtdT OF THE '_~ ERIOR~ AUG 1 8 1994 <br />OFFICE OF HEARINGS AND APPEALS ~~ b°~ F~CEOFTHE <br />INTERIOR BOARD OF LAND APPEALS AT7Y)RNE}'GEtdERAL <br />n.:A~.T,ar. neso~7tCES sECrroN <br />IBLA 94-421 ; CMC-38072 et al. ~ m`~bo~J <br />r ,r s v 9 HU ~ <br />w ~ Mid-Continent Resources, Inc. ) ~ ti P <br />nz 'Pitkin Iron Corporation ) Commu~~ty~Pit/Mining Claims ~~s ' <br />,~~oC~,o C,~.IdED ~L~ <br />-• ~ ~ ANSWER <br />T `-: ~ o AUG 2 5 1994 ~(r~ <br />-~ Introduction r <br />U CN"~ <br />r w Mid-Continent Resources, Inc`:'~'''(`MCR~) ° and..Eit<~~n Iron ,~~L_ ~ ~j~ <br />'~`"`"~ °Corporation (Pitkin), collectively hereafter the appellants, have ~ <br />appealed from a letter, dated February 25, 1994, written by the <br />Bureau of Land Management (BLM). <br />The February 25, 1994, letter was written in response <br />to a February 1, 1994, letter Mr. Robert Delaney, had written to <br />the BLM, in his capacity as Executive Vice President and General <br />Counsel for Mid-Continent Resources, Inc., advising the BLM of <br />the location of the Calcite Nos. 1 through 7 mining claims. <br />The seven Calcite claims cover some of the lands which <br />had previously been embraced by the Tiger 2-6, Lynx 2-6, and <br />Lion 2-6 mining claims located by the Colorado Fuel & Iron <br />Company (CF&I), and from which limestone had been quarried for a <br />number of years. The quarrying had been done by Pitkin, which <br />sub-leased the claims from MCR, which had leased the claims from <br />CF&I. The Tiger, Lynx and Lion claims were abandoned as a matter <br />of law on August 31, 1993, approximately 5 months before the <br />location of the Calcite claims. <br />There are, on the lands covered by the recently located <br />Calcite claims, the quarry from which Pitkin mined limestone and <br /> <br />