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UNITED STATES v. WALKER

No. 22379.

409 F.2d 477 (1969)

UNITED STATES of America and Stewart Udall, Secretary of the Interior of the United States of America, Appellants, v. Jack A. WALKER, Appellee.

United States Court of Appeals Ninth Circuit.

March 27, 1969.

Attorney(s) appearing for the Case

Roger Marquis (argued) Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Sylvan A. Jeppesen, U. S. Atty., Jay F. Bates, Asst. U. S. Atty., Boise, Idaho, for appellants.

R. B. Kading, Jr., (argued) of Richards, Haga & Eberle, James J. Sexton, III, Boise, Idaho, for appellee.

Before HAMLIN, ELY and CARTER, Circuit Judges.

HAMLIN, Circuit Judge.

Jack Walker brought suit in the District Court for the District of Idaho to set aside a decision of the Secretary of the Interior denying Walker's mining claim. Walker claimed he was entitled to purchase certain land in the Logan Creek area of Idaho pursuant to the Mining Claims Occupancy Act, 30 U.S.C. § 701 et seq.1 The district court, asserting jurisdiction under...

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