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PATHFINDER MINES CORP. v. HODEL

No. 85-2834.

811 F.2d 1288 (1987)

PATHFINDER MINES CORPORATION, Plaintiff-Appellant, v. Donald HODEL, Secretary of the United States Department of Interior, and the United States of America, Defendants-Appellees, and Arizona Wildlife Federation and National Wildlife Federation, Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 3, 1987.

Attorney(s) appearing for the Case

John C. Lacy, Tucson, Ariz., for plaintiff-appellant Pathfinder Mines Corp.

Robert L. Klarquist, Washington, D.C., Stephen M. McNamee, U.S. Atty., John R. Mayfield, Asst. U.S. Atty., Phoenix, Ariz., for defendants-appellees U.S.

Kimberly J. Graber, Phoenix, Ariz., for defendants-intervenors-appellees Arizona Wildlife Federation and National Wildlife Federation.

Before NORRIS, BEEZER and BRUNETTI, Circuit Judges.

BEEZER, Circuit Judge:

Pathfinder Mines Corporation (Pathfinder) appeals the district court's determination that 22 mining claims located in the Grand Canyon National Game Preserve were void ab initio. The district court held that the lands in question were withdrawn from mineral entry when the Game Preserve was created. We affirm.

Background

In response to Pathfinder's inquiry, the United States Department of Interior informed Pathfinder...

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