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UNITED STATES v. BRUNSKILL

No. 85-1806.

792 F.2d 938 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Ernest L. BRUNSKILL and Evelyn B. Brunskill, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 24, 1986.

Attorney(s) appearing for the Case

Arthur E. Gowran, Dept. of Justice, Washington, D.C., for plaintiff-appellee.

James S. Burling, Pacific Legal Foundation, Sacramento, Cal., for defendants-appellants.

Before SCHROEDER, CANBY, and BOOCHEVER, Circuit Judges.

BOOCHEVER, Circuit Judge:

This appeal involves a conflict between rights to prospect and develop mineral resources on public lands and the powers and duties of the United States Forest Service to manage the surface resources of the National Forests. 30 U.S.C. §§ 21-54 (1982); 16 U.S.C. §§ 478 and 551 (1982). We recognize that the important interest in developing mineral resources on public lands under the mining law may come into conflict with...

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