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UDALL v. SNYDER

No. 9671.

405 F.2d 1179 (1968)

Stewart L. UDALL, Secretary of the Interior of the United States of America, Appellant, v. Ruth SNYDER, Administratrix of the Estate of C. F. Snyder, Deceased, J. F. Allison, Marilyn Sitton, Administratrix of the Estate of Max Sitton, Deceased, and F. A. Sitton, Appellees.

United States Court of Appeals Tenth Circuit.

On Rehearing February 12, 1969.

Attorney(s) appearing for the Case

George R. Hyde, Washington, D. C. (J. Edward Williams, Acting Asst. Atty. Gen. of the United States, Clyde O. Martz, Asst. Atty. Gen., Lawrence M. Henry, U. S. Atty. for the Dist. of Colorado, Richard T. Spriggs, Asst. U. S. Atty., and Roger P. Marquis, Atty., Dept. of Justice, with him on the brief), for appellant.

Hale C. Tognoni, John P. Frank of Lewis, Roca, Beauchamp and Linton, Phoenix, Ariz. (Robert L. Tognoni, Littleton, Colo., Tognoni & Pugh, Phoenix, Ariz., with him on the brief), for appellees.

Before LEWIS and HILL, Circuit Judges, and CHRISTENSEN, District Judge.

On Rehearing En Banc February 12, 1969.

PER CURIAM.

Administrative proceedings culminated in a decision of the Secretary of the Interior that the appellees' unpatented lode mining claims were null and void for lack of discovery of a valuable mineral deposit1 as of March 30, 1948 when these lands were withdrawn and reserved for the use of the Atomic Energy Commission subject only to valid...

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