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MELLUZZO v. WATT

No. 80-5561.

674 F.2d 819 (1982)

Frank and Wanita MELLUZZO, Plaintiffs-Appellants, v. James G. WATT, Secretary of the Interior, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 16, 1982.

Rehearing Denied May 26, 1982.

Attorney(s) appearing for the Case

Tom Galbraith, Phoenix, Ariz., argued for plaintiffs-appellants; Paul G. Ulrich, Timothy R. Smock, Lewis Roca, Phoenix, Ariz., on brief.

Jacques B. Gelin, Washington, D. C., argued for defendant-appellee; Michael Johns, Phoenix, Ariz., James W. Moorman, Jacques B. Gelin, Dept. of Justice, Washington, D. C., on brief.

Before CHOY, GOODWIN and FARRIS, Circuit Judges.

PER CURIAM:

The Melluzzos appeal from a summary judgment granted in favor of the Secretary of the Interior, affirming the determination of the Interior Board of Land Appeals ("Board"), in United States v. Melluzzo, 32 IBLA 46 (1977), that the Melluzzos' six association placer mining claims located for sand, gravel, and building stone were null and void. The Board's decision was based on both the Melluzos' lack of a discovery of minerals of marketable value...

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