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ROBERTS v. MORTON

No. 75-1155.

549 F.2d 158 (1976)

Kenneth ROBERTS et al., Plaintiffs-Appellants, v. Rogers C. B. MORTON, Secretary of the Interior, and the Interior Board of Land Appeals, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided November 19, 1976.

Rehearing and Rehearing Denied March 15, 1977.

Attorney(s) appearing for the Case

Clement Theodore Cooper, Washington, D. C., and Tallmadge, Tallmadge, Wallace & Hahn, Denver, Colo., for plaintiffs-appellants.

Wallace H. Johnson, Asst. Atty. Gen., Washington, D. C., James L. Treece, U. S. Atty., Douglas D. Doane, Asst. U. S. Atty., Denver, Colo. and Jacques B. Gelin, and Eva R. Datz, Attys., Dept. of Justice, Washington, D. C., for defendants-appellees.

Before HOLLOWAY, McWILLIAMS and DOYLE, Circuit Judges.

Rehearing and Rehearing In Banc Denied March 15, 1977.

HOLLOWAY, Circuit Judge.

This appeal is taken from a decision of the district court, 389 F.Supp. 87, which sustained the ruling of the Interior Board of Land Appeals, 11 IBLA 53, affirming the administrative law judge's decision that 2,910 unpatented placer mining claims of the plaintiffs-appellants are null and void. United States v. Zweifel, Colorado Contest...

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