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DUVAL v. MORTON

Civ. No. 71-684.

347 F.Supp. 501 (1972)

Maurice DUVAL et al., Plaintiffs, v. Rogers C. B. MORTON, Secretary of the Department of the Interior of the United States of America, Defendant.

United States District Court, D. Oregon.

August 23, 1972.

Attorney(s) appearing for the Case

Norman J. Wiener, T. Leonard O'Byrne, Miller, Anderson, Nash, Yerke & Wiener, Portland, Or., for plaintiffs.

Sidney I. Lezak, U. S. Atty., Jack W. Collins, Asst. U. S. Atty., Portland, Or., for defendant.

OPINION

SOLOMON, District Judge:

Plaintiffs filed this action to review a ruling by the Secretary of the Interior which disallowed plaintiffs' mining claims for silica sand.

Between September and December, 1959, plaintiffs located 24 mining claims covering 3,080 acres of coastal sand dunes in Coos County, Oregon. On July 18, 1961, the United States Forest Service withdrew from further mineral entry the lands on which plaintiffs' claims were located...

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