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MELLUZZO v. MORTON

No. 74-2683.

534 F.2d 860 (1976)

Frank MELLUZZO and Wanita Melluzzo, Plaintiffs-Appellants, 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.

April 15, 1976.

Attorney(s) appearing for the Case

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

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

Before MERRILL and HUFSTEDLER, Circuit Judges, and SMITH, District Judge.

OPINION

MERRILL, Circuit Judge:

This appeal is taken from judgment of the District Court for the District of Arizona upholding a final administrative decision of the Secretary of the Interior which held invalid six placer mining claims of appellants — the Rena group (Nos. 1 to 6), near Phoenix, Arizona — on the ground of lack of discovery of a valuable mineral deposit. The Secretary's decision is published at 76 I.D. 160 (1969).

The...

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