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McCALL v. ANDRUS

No. 78-1065.

628 F.2d 1185 (1980)

William A. McCALL, Sr., and the Estate of Olaf Henry Nelson, Deceased, Plaintiffs-Appellants, v. Cecil D. ANDRUS, Secretary of the Interior of the United States of America, John S. Boyles, District Manager, Bureau of Land Management; William J. Malencik, Chief, Division of Technical Services, Bureau of Land Management; E. I. Rowland, State Director, Bureau of Land Management; Curt Berklund, Director, Bureau of Land Management, being agencies of the United States Department of the Interior, United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 17, 1980.

Attorney(s) appearing for the Case

William B. Murray, Portland, Or., argued, Rex Jemison, on brief, Beckley, Singleton, DeLanoy & Jemison, Las Vegas, Nev., for plaintiffs-appellants.

Robert L. Klarquist, Dept. of Justice, Washington, D.C., argued, for defendants-appellees.

Before HUG and FARRIS, Circuit Judges, and McNICHOLS, District Judge.

FARRIS, Circuit Judge:

William McCall and the estate of Olaf Nelson appeal the dismissal on summary judgment of their suit seeking review of the decision of the Interior Board of Land Appeals that portions of their mining claims are invalid because not mineral in character. They contend 1) that the application of the so-called "ten-acre rule" by the Board was improper, 2) that the Board's decision is not supported by substantial evidence, and 3) that granting summary...

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