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November 9, 2009

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Appeals court dismisses Elko case against Forest Service

Tuesday, Dec. 7, 1999 | 11:01 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The 9th U.S. Circuit Court of Appeals has dismissed the appeal of an Elko County grand jury to force employees of the U.S. Forest Service to appear before it.

The court said the grand jury has no authority to file a civil suit in federal court to require the forest service employees to comply with subpoenas.

The grand jury sought to require the federal workers to testify in its investigation into a mining company's application to expand its operations on public lands.

The grand jury accused state employees of the Department of Wildlife of misusing their office to force the Independence Mining Co. to pay more than $500,000 in fees in order for the state to withdraw its opposition to the land expansion.

The Nevada Supreme Court earlier this year said the accusations of the grand jury against the state officials must be expunged from the record.

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