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EDWARDS v. KLEPPE

No. 77-3315.

588 F.2d 671 (1978)

Adrian EDWARDS, Trustee for Ross Stegman, a real party in interest, Plaintiff-Appellee, v. Thomas S. KLEPPE, Secretary of the Department of the Interior of the United States of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 11, 1978.

Attorney(s) appearing for the Case

John J. Zimmerman, Atty. for Land and Natural Resources Div. (argued), Dept. of Justice, Washington, D. C., for defendant-appellant.

Stan A. Lehman (argued), Prescott, Ariz., for plaintiff-appellee.

Before MERRILL and CHOY, Circuit Judges, and TANNER, District Judge.

MERRILL, Circuit Judge:

This case, another in the series coming before this court dealing with mining claims on common varieties of minerals, presents the question whether a valuable mineral discovery was made prior to July 23, 1955, the date when common varieties ceased to qualify as valuable mineral deposits under the mining laws of the United States. 30 U.S.C. § 611.1

Appellee...

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