BOYLE v. MORTON

No. 72-2690.

519 F.2d 551 (1975)

Alice A. BOYLE and Carrie H. Boyle, Plaintiffs-Appellees, v. Rogers C. B. MORTON, Secretary of the Department of the Interior of the United States of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 29, 1975.

Certiorari Denied December 15, 1975.


Attorney(s) appearing for the Case

Jacques B. Gelin, Atty., Appellate Section, Dept. of Justice, Washington, D. C. (argued), for defendant-appellant.

Hale C. Tognoni, Phoenix, Ariz. (argued), for plaintiffs-appellees.

Before BROWNING and GOODWIN, Circuit Judges, and KING, District Judge.


Certiorari Denied December 15, 1975. See 96 S.Ct. 566.

OPINION

PER CURIAM:

The Secretary's decision, reported at 76 I.D. 318, must be sustained.

The Secretary's finding that there had been no discovery of a valuable deposit of decomposed granite within the limits of appellees' claims prior to July 23, 1955, is supported by substantial evidence. Most of appellees' proof consisted of general unsupported claims of sales in unspecified amounts...

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