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STATE EX REL. EVANS v. CLICK

No. 13057.

631 P.2d 614 (1981)

102 Idaho 443

STATE of Idaho ex rel. John V. EVANS, Governor, Pete T. Cenarrusa, Secretary of State; Wayne L. Kidwell, Attorney General; Roy E. Truby, Superintendent of Public Instruction; and Joe R. Williams, Auditor, as the State Board of Land Commissioners; Gordon C. Trombley, Superintendent of Public Lands, and the Idaho State Board of Health, Plaintiffs-Respondents, v. James CLICK, Sr., Eugene Weiss and Orral Lake, Individually and as a Mining Partnership, Defendants-Appellants.

Supreme Court of Idaho.

Rehearing Denied August 17, 1981.

Attorney(s) appearing for the Case

Barry L. Marcus, Boise, for defendants-appellants.

David H. Leroy, Atty. Gen., Ursula I. Kettlewell, Roy L. Eiguren and Lynn E. Thomas, Deputy Attys. Gen., Boise, for plaintiffs-respondents.

McFADDEN, Justice.

The defendants-appellants are residents of Montana doing business in Idaho as a mining partnership. In 1969, they commenced dredge mining activities on unpatented federal land in the St. Joe National Forest (now the Idaho Panhandle National Forest.) The mining claims are located adjacent to Sherlock Creek, a tributary of the St. Joe River.

In 1972, the plaintiff-respondent State of Idaho commenced an action against the appellants seeking...

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