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DREDGE CORPORATION v. PENNY

No. 19964.

362 F.2d 889 (1966)

The DREDGE CORPORATION, Appellant, v. J. Russell PENNY, State Supervisor, Bureau of Land Management, et al., Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 16, 1966.

Attorney(s) appearing for the Case

George W. Nilsson, Los Angeles, Cal., Deaner, Butler & Adamson, Las Vegas, Nev., for appellant.

Edwin L. Weisl, Jr., Asst. Atty. Gen., S. Billingsley Hill, Thos. L. McKevitt, Attys., Dept. of Justice, Washington, D. C., Robt. S. Linnell, Asst. U. S. Atty., Las Vegas, Nev., for appellees.

Before MADDEN, Judge of the Court of Claims, and HAMLEY, and MERRILL, Circuit Judges.

MERRILL, Circuit Judge.

Proceeding under the Declaratory Judgment Act, 28 U.S.C. § 2201 (1964), appellant has brought suit to invalidate a decision of the Secretary of the Interior declaring void certain unpatented mining claims of appellant located in Clark County, Nevada. Summary judgment was rendered in favor of appellees.

Pursuant to the Small Tract Act, 52 Stat. 609, (1938), 43 U.S.C. § 682a (1964), the Bureau of Land Management, on November...

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