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UDALL v. GARULA

No. 9681.

405 F.2d 1181 (1968)

Stewart L. UDALL, Secretary of the Interior of the United States of America, Appellant, v. Fred GARULA, Appellee.

United States Court of Appeals Tenth Circuit.

May 24, 1968.

Attorney(s) appearing for the Case

George R. Hyde, Washington, D. C. (J. Edward Williams, Acting Asst. Atty., Gen. of United States, Lawrence M. Henry, U. S. Atty. for District of Colorado, Richard T. Spriggs, Asst. U. S. Atty., and Roger P. Marquis, Attorney, Department of Justice, on the brief), for appellant.

David C. Little, Denver, Colo., for appellee.

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

PER CURIAM.

Adversary proceedings instituted by the Bureau of Land Management of the Department of the Interior culminated in a decision of the Secretary of the Interior that the appellee's unpatented lode mining claim was null and void for lack of discovery of a valuable mineral deposit.1

On review the trial court held that the Secretary had applied an erroneous test of mineral discovery, and set aside the administrative ruling...

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