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THOMAS v. ANDRUS

No. 76-1548.

552 F.2d 871 (1977)

Albert THOMAS and Ellora Thomas, his wife, Appellants, v. Cecil ANDRUS [Roger C. B. Morton], Secretary of the Interior, Sam A. DeVilbiss and Laura DeVilbiss, his wife, William Howard and Diane Howard, his wife, Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied May 16, 1977.

Attorney(s) appearing for the Case

Hale C. Tognoni, argued, Phoenix, Ariz., Richard J. Riley, Bisbee, Ariz., for appellants.

Peter R. Taft, Asst. Atty. Gen., Edward J. Shawaker, argued, Land of Natural Resources, U. S. Dept. of Justice, Washington, D. C., P. Michael Drake, Asst. U. S. Atty., Phoenix, Ariz., for appellees.

Before TRASK and GOODWIN, Circuit Judges, and TURRENTINE, District Judge.

Rehearing and Rehearing En Banc Denied May 16, 1977.

PER CURIAM:

Albert Thomas and wife appeal a judgment in the district court which affirmed a decision by the Secretary of Interior declaring invalid certain mining claims for want of a valid discovery. See Thomas v. Morton, 408 F.Supp. 1361 (D.Ariz.1976).

The principal issue on appeal is whether the owners of surface (grazing) rights had standing to challenge...

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