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MULTIPLE USE, INC. v. MORTON

Civ. No. 71-211-PCT-WCF.

353 F.Supp. 184 (1972)

MULTIPLE USE, INC., Plaintiff, v. Rogers C. B. MORTON, Secretary of the Department of the Interior of the United States of America, Defendant.

United States District Court, D. Arizona, Prescott Division.

November 9, 1972.

Attorney(s) appearing for the Case

Hale C. Tognioni, Phoenix, Ariz., for plaintiff.

William C. Smitherman, U. S. Atty., Tucson, Ariz., Alice A. Wright, Asst. U. S. Atty., Phoenix, Ariz., for defendant.

OPINION AND ORDER

FREY, District Judge.

The matter is before the court on cross-motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff's complaint alleges jurisdiction under the Administrative Procedure Act, 5 U.S.C. §§ 701-706, and 28 U.S.C. §§ 1361 and 1391(e), and seeks relief from the administrative decision of the Secretary of the Interior in that the Robe Roye-Martin-Missing Link placer...

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