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DORIA MIN. & ENGINEERING CORP. v. MORTON

No. 77-1163.

608 F.2d 1255 (1979)

DORIA MINING AND ENGINEERING CORPORATION, a corporation, Plaintiff-Appellant, v. Rogers MORTON, Secretary of the Interior, Calnev Pipeline Company, a corporation, the State of California, Douglas Leisz, as Regional Director of United States Forest Service, and Harold Mitchell, as Acting Forest Supervisor of San Bernardino National Forest, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 19, 1979.

Attorney(s) appearing for the Case

Sarah C. Carey, Washington, D. C., Larry A. Sackey, Ontario, Cal., argued for plaintiff-appellant; Bowman & Conner, Washington, D. C., on brief.

David G. Moore, Reid, Babaage & Coil, Riverside, Cal., Robert W. Vidor, Los Angeles, Cal., Jacques B. Gelin, Dept. of Justice, Washington, D. C., argued for defendants-appellees; Harry S. Fenton, Los Angeles, Cal., on brief.

Before TRASK and WALLACE, Circuit Judges, and SOLOMON, District Judge.

WALLACE, Circuit Judge:

Doria Mining and Engineering Corporation (Doria) appeals from a summary judgment in which the district court affirmed an administrative decision by the Department of the Interior Board of Land Appeals (IBLA) regarding the validity of various placer mining claims. Among other things, Doria alleged that the IBLA decision was obtained by fraud and perjury, but the district court would not consider this allegation because it was based on evidence...

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