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FOSTER v. SEATON

No. 14953.

271 F.2d 836 (1959)

Everett FOSTER et al., Appellants v. Fred A. SEATON, Secretary of the Interior, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 22, 1959.

Attorney(s) appearing for the Case

Mr. Leo A. Huard, Washington, D. C., with whom Messrs. Ralph E. Becker and F. Murray Callahan, Washington, D. C., were on the brief, for appellants.

Mr. Claron C. Spencer, Atty., Dept. of Justice, with whom Mr. S. Billingsley Hill, Atty., Dept. of Justice, was on the brief, for appellee. Mr. Roger P. Marquis, Atty., Dept. of Justice, also entered an appearance for appellee.

Before PRETTYMAN, Chief Judge, and BAZELON and BURGER, Circuit Judges.

PER CURIAM.

This case relates to appellants' claims under provisions of the mining laws which authorize "occupation and purchase" of Government lands containing "valuable mineral deposits." Rev.Stat. §§ 2319, 2325, 2329 (1875), 30 U.S.C.A. §§ 22, 29, 35. The Department of the Interior instituted proceedings contesting the claims on the ground that the allegedly "valuable mineral deposits" of sand and gravel, located thirteen miles from the center...

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