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<br /> <br />IN THEUN3TED STATES DISTRICT COURT <br />FOR THE DISTRICT OF COLORADO <br />Civil Action No. 04-F-2196(OES) p1/9 <br />Terry Hankins. <br />Plaintiff, <br />V. <br />Gale Norton, Secretary,of Interior, and <br />United States of America, <br />Defendants. <br />DEMAND FOR JURY TRIAL TO DETERMINE FACTS AND ASSESS <br />DAMAGES OR COMPENSATORY ACTIONS <br />Formal demand is made here1gy for a Jury Trial to determine <br />facts and assess damages or compensatory actions, specifically: <br />1) Are my activities at the Ace#7 mine between August 1,2004 <br />and Dec. 3,2004 work that is "incidental to mining" and the <br />is my current occupancy of the Ace#7 claim justified and provided <br />for under the Mining Law, as laid out in detail in U.S.vShumway <br />and U.S v Lex. The Shumway case determined that "Locators of mining <br />claims have possession and rights for all practical purposes as <br />good as though patented." The Lex case(May 19,2003) determined <br />that "occupancy on mining claims on Forest Service is authorized <br />by MIning Law on a valid mining claim Is my current occupancy <br />justified under the MIning Law as per Shumway and Lex??? <br />2) Are BLM employees John Husband, Rob Ernst, John Marrone,