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BRUBAKER v. MORTON

No. 73-2974.

500 F.2d 200 (1974)

R. W. BRUBAKER, who is also known as Ronald W. Brubaker, et al., Appellants, v. Rogers C. B. MORTON, as Secretary of the Interior of the United States of America, Appellee.

United States Court of Appeals, Ninth Circuit.

June 27, 1974.

Attorney(s) appearing for the Case

John B. Lonergan, San Bernadino, Cal., for appellants.

Edmund B. Clark, Chief, App. Section, Dept. of Justice, Land & Natural Resources Div., Washington, D. C., for appellee.

Before DUNIWAY and GOODWIN, Circuit Judges, and SKOPIL, District Judge.

OPINION

ALFRED T. GOODWIN, Circuit Judge:

The Secretary of the Interior invalidated appellants' placer mining claims located on public lands. Appellants sued,1 contending that the Secretary erred in concluding that mineral deposits of colored stone, used for decorative roofing material, were "common varieties" of stone, not subject to claim and location under the federal mining laws. The district court agreed with the Secretary...

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