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LUTZENHISER v. UDALL

No. 23441.

432 F.2d 328 (1970)

Earl M. LUTZENHISER and Leo J. Kottas, Appellants, v. The Honorable Stewart H. UDALL, Secretary of the Department of the Interior of the United States of America, et al., Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied November 5, 1970.

Attorney(s) appearing for the Case

Leo J. Kottas (argued), Sidney O. Smith, Helena, Mont., for appellants.

Robert S. Lynch (argued), S. Billingsley Hill, Attys., U. S. Dept. of Justice, Shiro Kashiwa, Asst. Atty. Gen., Land & Natural Resources Div., Washington, D. C., Otis Packwood, U. S. Atty., Robt. T. O'Leary, Asst. U. S. Atty. Butte, Mont., for appellees.

Before KOELSCH, ELY and KILKENNY, Circuit Judges.

PER CURIAM:

Except as noted, the District Court's unreported opinion, set out at length, is adopted as the opinion of this court and its judgment is affirmed.A

"In this action plaintiffs seek to review the decision of the Montana Land Office1 declaring those portions of the Gold Seal and Gold Seal No. 1 Placer Claims lying within the Southeast Quarter of the...

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