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HALLENBECK v. KLEPPE

No. 76-2035.

590 F.2d 852 (1979)

Charles V. HALLENBECK, Jr., and Clyde A. Hallenbeck, as Individuals, as Trustees, and as Members of a Class, Plaintiffs-Appellants, v. Thomas KLEPPE, Secretary of the Interior, and Earl Butz, Secretary of Agriculture, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided January 18, 1979.

Attorney(s) appearing for the Case

Marvin B. Woolf, Boulder, Colo., for plaintiffs-appellants.

Robert L. Klarquist, Dept. of Justice, Washington, D.C. (Peter R. Taft, Asst. Atty. Gen., Washington, D.C., James L. Treece, U.S. Atty., Jerre W. Dixon, Asst. U.S. Atty., Denver, Colo., and Edmund B. Clark, Dept. of Justice, Washington, D.C., were on the brief), for defendants-appellees.

Before HOLLOWAY, BARRETT and McKAY, Circuit Judges.

HOLLOWAY, Circuit Judge.

The plaintiffs-appellants Hallenbeck and others appeal a district court summary judgment in favor of the government. The controversy began with an administrative contest of seven placer mining claims located before 19551 by the late C. V. Hallenbeck, Sr.,2 in the San Isabel National Forest in Lake County, Colorado. The government's contest proceeding resulted in a decision by an administrative...

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