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NICKOL v. UNITED STATES

No. 74-1011.

501 F.2d 1389 (1974)

W. G. NICKOL and Eva Rose Nickol, his wife, Appellants, v. UNITED STATES of America and Rogers C. B. Morton, Secretary of the Interior, Appellees.

United States Court of Appeals, Tenth Circuit.

Decided June 18, 1974.

Rehearing and Rehearing Denied September 30, 1974.

Attorney(s) appearing for the Case

Harry O. Morris, Albuquerque, N. M., for appellants.

Wallace H. Johnson, Carla A. Hills, Asst. Attys. Gen., Victor R. Ortega, U. S. Atty., James B. Grant, Asst. U. S. Atty., Carl Strass, John J. Zimmerman, William Kanter and Thomas G. Wilson, Attys., Dept. of Justice, for appellees.

Before LEWIS, Chief Judge, and SETH and McWILLIAMS, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 30, 1974.

SETH, Circuit Judge.

W. G. Nickol and his wife, Eva Rose Nickol, appeal from the order of the United States District Court for the District of New Mexico granting the defendant United States' motion for summary judgment. The case concerns a review under the Administrative Procedure Act of 1946, 5 U.S.C. §§ 701-706, of an adverse determination of the validity of a mining claim by the Board...

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