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UNITED STATES v. NOGUEIRA

No. 21754.

403 F.2d 816 (1968)

UNITED STATES of America, Appellant, v. Edison R. NOGUEIRA et al., Appellee.

United States Court of Appeals Ninth Circuit.

November 4, 1968.

Attorney(s) appearing for the Case

Roger P. Marquis (argued), Lands Div., Dept. of Justice, Edwin L. Weisl, Jr., Clyde O. Martz, Asst. Attys. Gen., Washington, D. C., Wm. M. Byrne, U. S. Atty., Ernestine Tolin, Asst. U. S. Atty., Los Angeles, Cal., for appellant.

Milton Wichner (argued), Hollywood, Cal., for appellee.

Before ELY and CARTER, Circuit Judges, and BELLONI, District Judge.

JAMES M. CARTER, Circuit Judge.

This is an appeal from a summary judgment dismissing a complaint filed by the United States, seeking to eject appellees, and to recover damages because of an alleged trespass upon land and occupancy of a residence by appellees, in the Cleveland National Forest. The dismissal was on grounds of lack of jurisdiction, in that the validity of a mining claim under which appellees claimed rights,...

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