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NL INDUSTRIES, INC. v. SECRETARY OF INTERIOR OF U.S.

No. 84-2344.

777 F.2d 433 (1985)

NL INDUSTRIES, INC., a New Jersey corporation, Plaintiff-Appellee, v. SECRETARY OF the INTERIOR OF the UNITED STATES of America, Defendant, and All Minerals Corporation, a Nevada corporation, Defendant in Intervention-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted May 29, 1985.

Decided July 25, 1985.

As Amended on Denial of Rehearing and Rehearing December 4, 1985.

Attorney(s) appearing for the Case

Earl M. Hill, Thomas P. Erwin, Hill, Cassas, Delipkau & Erwin, Reno, Nev., Don H. Sherwood, James M. King, Sherman & Howard, Denver, Colo., for plaintiff-appellee.

Hugh C. Garner, Thomas A. Mitchell, Salt Lake City, Utah, for All Minerals Corp.

Before WALLACE and POOLE, Circuit Judges, and STEPHENS, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc December 4, 1985.

WALLACE, Circuit Judge:

All Minerals Corporation (AMC) appeals from the district court's order reversing a decision of the Interior Board of Land Appeals (Board) which held that an unpatented mining claim filed by NL Industries (NL) had been forfeited for failure to comply with the filing requirements of section 314(a) of the Federal Land Policy...

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