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RUSSELL v. PETERSON

Civ. No. 79-949.

498 F.Supp. 8 (1980)

Dan S. RUSSELL, Plaintiff, v. R. Max PETERSON et al., Defendants.

United States District Court, D. Oregon.

June 23, 1980.

Attorney(s) appearing for the Case

Thomas F. Young, Silven, Young & Schmeits, Baker, Or., Edwin F. Alden, Kennewick, Wash., for plaintiff.

Thomas C. Lee, Asst. U. S. Atty., Portland, Or., for defendants.

FRYE, District Judge.

Dan S. Russell (plaintiff) has appealed from a decision of the Interior Board of Land Appeals (IBLA)1 affirming the decision of the Administrative Law Judge declaring his Klondike Nos. 1-7 mining claims null and void for lack of discovery of a valuable mineral deposit. Both plaintiff and defendant have moved for summary judgment.

The scope of review is limited to determining if the Secretary's decision is...

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