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DREDGE CORP. v. CONN

No. 83-2362.

733 F.2d 704 (1984)

The DREDGE CORPORATION, Plaintiff-Appellant, v. Kemp CONN, District Manager, Bureau of Land Management; James Schalnus, Chief, Division of Operation, Bureau of Land Management; William Malencik, Chief, Division of Technical Services, Bureau of Land Management; Edward Spang, State Director, Bureau of Land Management; Robert Burford, Director, Bureau of Land Management; James Watt, Secretary of the Interior, Department of the Interior, being agencies of the United States Department of the Interior; United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 22, 1984.

Attorney(s) appearing for the Case

John W. Bonner, Jones, Jones, Bell, Close & Brown, Las Vegas, Nev., for plaintiff-appellant.

J. Carol Williams, Dept. of Justice, Donald T. Hornstein, Washington, D.C., for defendants-appellees.

Before TANG and PREGERSON, Circuit Judges, and CARROLL, District Judge.

PREGERSON, Circuit Judge:

The Dredge Corporation ("Dredge") appeals the decision of the Interior Board of Land Appeals ("Board") that Dredge did not have a valid placer mining claim1 to Dredge No. 51, a 40-acre parcel of federally-owned land located five miles west of Las Vegas. The Board's decision was based on Dredge's failure to discover minerals of marketable value on Dredge No. 51 before the effective date of the Surface Resources...

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