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MULKERN v. HAMMITT

No. 18694.

326 F.2d 896 (1964)

Juanita B. MULKERN, Individually and as the widow and successor in interest of G. C. (Tom) Mulkern, Appellant, v. Harold C. HAMMITT, etc., et al., Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied April 3, 1964.

Attorney(s) appearing for the Case

McCarty & Wheatley, Charles F. Wheatley, Jr., and Robert L. McCarty, Washington, D. C., and A. Loring Primeaux, Las Vegas, Nev., for appellant.

Ramsey Clark, Asst. Atty. Gen., Roger P. Marquis, and Edmund B. Clark, Attorneys, Department of Justice, Washington, D. C., John W. Bonner, U. S. Atty., and Melvin D. Close, Jr., Asst. U. S. Atty., Las Vegas, Nev., for appellee.

Before CHAMBERS, Circuit Judge, MADDEN, Judge of the Court of Claims, and JERTBERG, Circuit Judge.

MADDEN, Judge.

This suit was filed by G. C. Mulkern, to whose interest the appellant Juanita Mulkern has succeeded, to enjoin the appellee, Hammitt, who is the Manager of the Nevada Land Office, Bureau of Land Management of the United States Department of the Interior, from cancelling the appellant's placer mining claims for gypsum and sand on public lands of the United States in Nevada. The United States District Court denied the injunction, and this appeal was brought...

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