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BARROWS v. HICKEL

Nos. 25944, 26045.

447 F.2d 80 (1971)

Esther BARROWS, as an individual and as Executrix of the Last Will of E. A. Barrows, Deceased, Plaintiff-Appellant, v. Walter J. HICKEL, as Secretary of the Interior of the United States of America, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. The ESTATE of E. Arthur BARROWS, Deceased, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearings Denied September 27, 1971.

Attorney(s) appearing for the Case

John B. Lonergan (argued), Lonergan, Jordan, Gresham & Varner, San Bernardino, Cal., for appellant Barrows.

Robert E. Kopp, Dept. of Justice (argued), William D. Ruckelshaus, Asst. Atty. Gen., Washington, D. C., Robert L. Meyer, U. S. Atty., Los Angeles, Cal., for appellants Barrows' Estate and others.

Robert S. Lynch (argued), Edmund B. Clark, Dept. of Justice; Walter Kiechel, Jr., Acting Asst. Atty. Gen., Washington, D. C., Robert L. Meyer, U. S. Atty., Ernestine Tolin, Asst. U. S. Atty., Los Angeles, Cal., for appellees.

Before CHAMBERS, MERRILL and KILKENNY, Circuit Judges.

MERRILL, Circuit Judge:

In 1953 Barrows and his wife posted and filed a location notice, whereby they purported to locate a mining claim for sand and gravel at a site on Grout Creek in the San Bernardino National Forest. The Barrows leased the claim in 1960 to the Big Bear Rock and Materials Company, which, with others, has since operated a large commercial sand and gravel mining and processing plant on the claim.

In 1964 the United States Forest Service initiated...

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