BARTON v. MORTON

No. 71-1991.

498 F.2d 288 (1974)

Harold E. L. BARTON, Plaintiff-Appellant, v. Rogers C. B. MORTON, Secretary of the Department of the Interior of the United States of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

May 30, 1974.


Attorney(s) appearing for the Case

William B. Murray (argued), Portland, Or., for plaintiff-appellant.

Jacques B. Gelin (argued), Shiro Kashiwa, Asst. Atty. Gen., Lands & Natural Resources Div., Dept. of Justice, Washington, D. C., Sidney I. Lezak, U. S. Atty., Portland, Or., for defendant-appellee.

Before CHAMBERS, BROWNING and ELY, Circuit Judges.


OPINION

BROWNING, Circuit Judge:

Appellant and another1 applied to the Department of the Interior for patents to two lode mining claims. The applications were denied and the claims held void on the ground that applicants had not shown discovery of a valuable mineral deposit as required by the applicable statutes. 30 U.S.C. §§ 22, 23, 29, 35. Appellant filed this action to obtain judicial review of the Department's ruling...

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