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HENAULT MINING COMPANY v. TYSK

No. 22545.

419 F.2d 766 (1969)

HENAULT MINING COMPANY, Plaintiff-Appellee, v. Harold TYSK, individually and as Montana State Director of the Bureau of Land Management, and Stewart L. Udall, individually and as Secretary of the Interior, Defendants-Appellants.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 23, 1970.

Attorney(s) appearing for the Case

Roger P. Marquis (argued), Clyde O. Martz, Asst. Atty. Gen., Raymond N. Zagone, Atty., Washington, D. C., Moody Brickett, U. S. Atty., Clifford E. Schleusner, Asst. U. S. Atty., Billings, Mont., for appellants.

Charles E. Carrell (argued), of Carrell & Scovel, Rapid City, S. D., Crowley, Kilbourne, Haughey, Hanson & Gallagher, Billings, Mont., for appellee.

Before BARNES and MERRILL, Circuit Judges, and TAYLOR, District Judge.

MERRILL, Circuit Judge:

Henault Mining Company seeks a declaratory judgment establishing the validity of 18 mining claims and for a review, under the Administrative Procedure Act, 5 U.S.C. §§ 1001-1009, of an adverse decision of the Secretary of the Interior. The history of the proceedings is set forth in the margin.1

The sole question here presented is whether, as the Government contends, the District Court erred in...

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