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ARCHER v. UNITED STATES

No. 6014.

268 F.2d 687 (1959)

Elizabeth ARCHER, Noland Schneider, Patricia Schneider, Joel Burns, Peggy Burns, Audrey Whipple, John R. Whipple and O. Webster Adams, Jr., Appellants, v. UNITED STATES of America, State of Utah, George N. Larsen, Western States Refining Company, a corporation, Max B. Lewis, T. W. Notestine, Continental Bank & Trust Company, a corporation, Trustee, and The Superior Oil Company, a corporation, Appellees.

United States Court of Appeals Tenth Circuit.

June 10, 1959.

Attorney(s) appearing for the Case

Gordon I. Hyde, Salt Lake City, Utah, for appellants.

Claron C. Spencer, Atty., Dept. of Justice (Perry W. Morton, Asst. Atty. Gen., A. Pratt Kesler, U. S. Atty., C. Nelson Day, Asst. U. S. Atty., Salt Lake City, Utah, and Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., were with him on the brief), for appellee United States.

No appearance for appellees State of Utah, George N. Larsen, Western States Refining Co., Max B. Lewis, T. W. Notestine, Continental Bank & Trust Co., Trustee, and The Superior Oil Co.

Before MURRAH, LEWIS, and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The question is whether the appellants, who claim ownership of an unpatented mining claim1 located on land involved in a quiet title suit brought by the United States, may intervene in that action.

The land was part of a school land grant to Utah. Upon survey it was found to be within a reservation set apart for the Navajo Tribe of Indians. When, prior to survey...

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