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RAWLS v. UNITED STATES

Nos. 76-1604 and 76-1123.

566 F.2d 1373 (1978)

Edith RAWLS, Individually and as Administratrix of the Estate of M. D. Rawls, Deceased, and Emma Mae Cox, a widow, Appellants, v. UNITED STATES of America, Rogers G. Morton, Secretary of the Department of the Interior of the United States of America, Earl L. Butz, Secretary of the Department of Agriculture of the United States of America, and the Atchison, Topeka and Santa Fe Railway Company, a Kansas Corporation, Appellees.

United States Court of Appeals, Ninth Circuit.

January 6, 1978.

Attorney(s) appearing for the Case

Phillip E. von Ammon (argued), Fennemore, Craig, and von Ammon & Udall, Phoenix, Ariz., for appellant.

Peter R. Taft, Asst. Atty. Gen., William C. Smitherman, U.S. Atty., Tucson, Ariz., Edmund B. Clark, Gerald S. Fish, George R. Hyde, Attys., Dept. of Justice, Washington, D.C., for United States and other Federal appellees.

Before WRIGHT and WALLACE, Circuit Judges, and GRANT, District Judge.

EUGENE A. WRIGHT, Circuit Judge:

This appeal presents issues relating to the validity of seven contiguous mineral claims in the Kaibab National Forest in Arizona. Appellants Rawls and Cox are successors in interest to those who established the claims being challenged by the appellees. Appellants seek reversal of the district court's order affirming a decision of the Secretary of the Interior which held invalid six of their seven claims because there had not been a...

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