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THOMAS v. DeVILBISS

No. CIV 73-90-TUC-WCF.

408 F.Supp. 1357 (1973)

Albert THOMAS and Ellora Thomas, his wife, Plaintiffs, v. Sam A. DeVILBISS and Laura DeVilbiss, his wife, Defendants.

United States District Court, D. Arizona, Tucson Division.

September 14, 1973.

Attorney(s) appearing for the Case

Hale C. Tognoni, Phoenix, Ariz., for plaintiffs.

William C. Smitherman, U. S. Atty., P. Michael Drake, Asst. U. S. Atty., Tucson, Ariz., Richard J. Riley, Bisbee, Ariz., for defendants.

MEMORANDUM AND ORDER

FREY, District Judge.

On April 30, 1973, plaintiffs, Albert Thomas and Ellora Thomas, filed in this Court a complaint naming Mr. and Mrs. DeVilbiss as defendants. The complaint seeks review of a decision of the Secretary of Interior, acting through the Board of Land Appeals, affirming a decision of the administrative law judge declaring that defendants had standing to contest plaintiffs' mining claims and that

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