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PHELPS DODGE v. STATE OF ARIZ., STATE LAND DEPT.

No. 75-2354.

548 F.2d 1383 (1977)

PHELPS DODGE CORPORATION, a New York Corp., Appellee, v. STATE OF ARIZONA, STATE LAND DEPARTMENT, and Andrew L. Bettwy, State Land Commissioner, Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied April 27, 1977.

Attorney(s) appearing for the Case

Peter C. Gulatto, Asst. Atty. Gen., argued, Phoenix, Ariz., for appellant.

Newman R. Porter, argued, Evans, Kitchel & Jenckes, Phoenix, Ariz., for appellee.

Before BARNES and WRIGHT, Circuit Judges, and ORRICK, District Judge.

Rehearing and Rehearing En Banc Denied April 27, 1977.

OPINION

BARNES, Senior Circuit Judge:

This appeal concerns the validity of a reservation of mineral rights by appellant, the State of Arizona ("Arizona"), in certain lands ("Land")1 within its boundaries. Said Land was initially granted to appellant by the United States as school trust lands under the Arizona Enabling Act, Section 24 of the Act of Congress of June...

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