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BUCH v. MORTON

No. 24608.

449 F.2d 600 (1971)

R. C. BUCH, Plaintiff-Appellee, v. Rogers C. B. MORTON, as Secretary of the Interior, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 29, 1971.

Attorney(s) appearing for the Case

Robert Lynch (argued), George R. Hyde, Dept. of Justice, Shiro Kashiwa, Asst. Atty. Gen., Washington, D. C., Robert L. Meyer, U. S. Atty., Ernestine Tolin, Asst. U. S. Atty., Los Angeles, Cal., for defendant-appellant.

John Lonergan (argued), of Lonergan, Jordan & Gresham, San Bernardino, Cal., for plaintiff-appellee.

Before TUTTLE, BROWNING, and HUFSTEDLER, Circuit Judges.

BROWNING, Circuit Judge:

Appellee's mining claim to a parcel of public domain land in San Bernardino County, California, was held invalid by the Secretary of Interior on the ground that when the claim was filed the land had been classified for disposition under the Recreation and Public Purposes Act of 1954, 43 U.S.C. §§ 869 to 869-4 (1964),1 and, in consequence, was not open to entry...

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