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MULTIPLE USE, INC. v. MORTON

No. 73-1218.

504 F.2d 448 (1974)

MULTIPLE USE, INC., Appellant, v. Rogers C. B. MORTON, Secretary of the Interior, Appellee.

United States Court of Appeals, Ninth Circuit.

October 2, 1974.

Attorney(s) appearing for the Case

Hale C. Tognoni (argued), Phoenix, Ariz., for appellant.

Jacques B. Gelin (argued), U. S. Dept. of Justice, Washington, D. C., for appellee.

Before BARNES and KOELSCH, Circuit Judges, and FIRTH, District Judge.

OPINION

BARNES, Senior Circuit Judge:

This is an appeal from a judgment rendered by the District Court on cross-motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.

The subject of this litigation is a mineral patent application (No. Ar. 034305) concerning the so-called Robe-Roy, Martin-Missing Link placer mining claims (originally filed in 1896 (on 20 acres), in 1915 (on 20 acres), and in 1933 (on 40 acres), respectively...

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