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BAKER v. UNITED STATES

No. 77-2783.

613 F.2d 224 (1980)

Melton E. BAKER, Plaintiff-Appellant, v. UNITED STATES of America; Cecil D. Andrus, Individually and as Secretary of the Interior; Stanley Grunewald, Individually and as District Ranger of the Forest Service of the United States, Department of Agriculture, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

February 11, 1980.

Attorney(s) appearing for the Case

Robert J. Cruse, Phoenix, Ariz., for plaintiff-appellant.

Raymond N. Zagone, Washington, D. C., argued for defendants-appellees; Michael A. Johns, Asst. U. S. Atty., Phoenix, Ariz., James W. Moorman, Washington, D. C., on the brief.

Before SNEED and ANDERSON, Circuit Judges, and PORT, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

This court is called upon to review an administrative extension of the marketability test which is used for proving the validity of mining claims. This extension adds a new element, that is, the claimant must now prove that he or she has not claimed "too much" of the mineral in question. After a thorough review of the mining laws, we conclude that there is no basis to support the too much rule. We therefore vacate the judgment...

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