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UNITED STATES v. DESERT GOLD MINING COMPANY

No. 23175.

433 F.2d 713 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. DESERT GOLD MINING COMPANY et al., Defendants, Marlin K. Edwards, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 3, 1970.

Attorney(s) appearing for the Case

James Moeller (argued), Roger W. Kaufman, Terry D. Oehler of Lewis Roca Beauchamp & Linton, Phoenix, Ariz., for defendant-appellant.

Robert S. Lynch (argued), Edmund B. Clarks, Attys., Shiro Kashiwa, Asst. Atty. Gen., Lands & Natural Resources, Dept. of Justice, Washington, D.C., Richard K. Burke, U.S. Atty., Richard Alleman, Asst. U.S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before MERRILL, ELY and TRASK, Circuit Judges.

TRASK, Circuit Judge:

The United States issued eight land patents during 1961 to Desert Gold Mining Company, and others, upon proof that gold had been discovered in and upon public land. After acquiring its patents, Desert Gold borrowed money and executed its promissory note in the sum of $100,000 payable to Marlin K. Edwards. The payment of the note was secured with a mortgage on the patented lands. The note and mortgage were dated June 8, 1962. Desert Gold only...

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