WHITE v. UDALL

No. 21766.

404 F.2d 334 (1968)

Vernon O. WHITE et al., Appellants, v. Stewart L. UDALL, Secretary of the Interior, Appellee.

United States Court of Appeals Ninth Circuit.

June 17, 1968.


Attorney(s) appearing for the Case

Calvin Dworshak, Boise, Idaho, for appellants.

Sylvan A. Jeppesen, U. S. Atty., Jay F. Bates, Asst. U. S. Atty., Boise, Idaho, Clyde O. Martz, Asst. Atty. Gen., Roger P. Marquis, S. Billingsley Hill, Edmund B. Clark, Stephen C. Glassman, Attorneys, Department of Justice, Washington, D. C., for appellee.

Before ELY and CARTER, Circuit Judges, and BELLONI, District Judge.


PER CURIAM:

The district court granted summary judgment, thereby sustaining the Secretary's order denying a mineral patent application on the ground that claimant's had not discovered a valuable mineral. The appellants here contend that the Secretary's decision erroneously applied the prudent-man test by including the requirement that to be a valid mining claim there must be a reasonable prospect that it will be a profitable venture. Appellants relied upon this court...

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