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STATE EX REL. ANDRUS v. CLICK

No. 11926.

554 P.2d 969 (1976)

97 Idaho 791

STATE of Idaho ex rel. Cecil D. ANDRUS, Governor, et al., Plaintiff-Appellant, v. James CLICK, Sr., et al., Defendants-Respondents.

Supreme Court of Idaho.

September 24, 1976.

Attorney(s) appearing for the Case

Wayne L. Kidwell, Atty. Gen., Terry E. Coffin, Deputy Atty. Gen., Boise, for plaintiff-appellant.

V. Frank Mendicino, Atty. Gen., Steve F. Freudenthal, Sp. Asst. Atty. Gen., Cheyenne, Wyo., as amicus curiae.

Barry Marcus, of Marcus & Marcus, Boise, for defendants-respondents.

DONALDSON, Justice.

The defendants-respondents, James Click, Sr., Eugene Weiss, and Oral (Orral) Lake, are residents of Montana doing business in Idaho as a mining partnership. They conduct a dredge mining operation upon unpatented federal public domain land within the St. Joe National Forest in Idaho under valid federal mining claims. The operation adjoins a section of Sherlock Creek, a tributary of the St. Joe River.

Respondents have conducted their mining...

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