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SAINBERG v. MORTON

No. CIV 72-217-PCT.

363 F.Supp. 1259 (1973)

Robert B. SAINBERG et al., Plaintiffs, v. Rogers C. B. MORTON, Secretary of the Interior, Defendant.

United States District Court, D. Arizona.

September 10, 1973.

Attorney(s) appearing for the Case

Favour & Quail, P.A., Prescott, Ariz., for plaintiffs.

William C. Smitherman, U. S. Atty., Dist. of Ariz., Tucson, Ariz. by Richard S. Allemann, Asst. U. S. Atty., Phoenix, Ariz., for defendant.

MEMORANDUM AND ORDER

FREY, District Judge.

On May 3, 1972, the plaintiffs filed an action seeking to set aside a decision of the Secretary of Interior, acting through the Board of Land Appeals, which affirmed a decision of the Bureau of Land Management and the Arizona Land Office declaring plaintiff Sainberg's mining claim null and void for failure to file a timely answer to the government's contest complaint. Plaintiffs also seek to have the contest complaint...

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