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PRUESS v. UDALL

No. 18907.

359 F.2d 615 (1965)

C. F. PRUESS, Sr., Executor, et al., Appellants, v. Stewart L. UDALL, Secretary of Interior, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 19, 1965.

Attorney(s) appearing for the Case

Mr. C. F. Pruess, Grants Pass, Or., appellant pro se, submitted on the brief.

Asst. Atty. Gen. Ramsey Clark, Messrs. Roger P. Marquis, Herbert Pittle and George R. Hyde, Attys., Dept of Justice, submitted on the brief for appellee.

Before WILBUR K. MILLER, Senior Circuit Judge, and WASHINGTON and DANAHER, Circuit Judges.

WASHINGTON, Circuit Judge:

The Secretary of the Interior has determined after hearings that appellant did not make a mineral discovery sufficient to support a claim to patent Government lands. The land involved is in Oregon and appellant is an Oregon resident. Appellant sought review of the Secretary's decision in the District Court in the District of Columbia. 5 U.S.C. § 1009 (1965). Appellant alleged, among other things, that the Secretary's decision was arbitrary...

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