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UNITED STATES v. CONSOLIDATED MINES & SMELTING CO., LTD.

Nos. 25164, 25241.

455 F.2d 432 (1971)

UNITED STATES of America, Plaintiff-Appellant, v. CONSOLIDATED MINES & SMELTING CO., LTD., & Hugh Brown, Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellee, v. CONSOLIDATED MINES & SMELTING CO., LTD., et al., and Hugh Brown, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 12, 1971.

Attorney(s) appearing for the Case

Raymond N. Zagone (argued), Dept. of Justice, Washington, D. C., Shiro Kashiwa, Asst. Atty. Gen., S. Billingsley Hill, Washington, D. C., Dean C. Smith, U. S. Atty., Robert M. Sweeney, Asst. U. S. Atty., Spokane, Wash., for the United States.

William C. Harrison (argued), Spokane, Wash., for Consolidated Mines and others.

Before JERTBERG and CARTER, Circuit Judges, and LUCAS, District Judge.

JAMES M. CARTER, Circuit Judge:

This case concerns mining claims on an Indian reservation. Our decision breaks new ground in holding that the doctrine of exhaustion of administrative remedies does not require completion of appellate or review proceedings within the agency. The decision also considers the effect of a withdrawal of Indian lands from entry and disposal under the Land and Mining laws of the United States, and holds that revocation of withdrawals may not...

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