UNITED STATES v. CURTIS-NEVADA MINES, INC.

No. 76-3093.

611 F.2d 1277 (1980)

UNITED STATES of America, Plaintiff-Appellant, v. CURTIS-NEVADA MINES, INC., and Robert Curtis, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

January 17, 1980.


Attorney(s) appearing for the Case

Carl Strass, Washington, D. C., for plaintiff-appellant.

No appearance for defendants-appellees.

Before TRASK and HUG, Circuit Judges, and ORRICK, District Judge.


HUG, Circuit Judge:

This case concerns the right of the general public to use the surface of land upon which unpatented mining claims have been located, when that use does not interfere with mining activities. The principal issue is whether the owner of unpatented mining claims has the right to exclude members of the general public from such use of the surface of the land for recreational purposes or access to other public...

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