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HENAULT MINING COMPANY v. TYSK

Civ. No. 634.

271 F.Supp. 474 (1967)

HENAULT MINING COMPANY, Plaintiff, v. Harold TYSK, Individually and as Montana State Director of the Bureau of Land Management, and Stuart L. Udall, individually and as Secretary of the Interior, Defendants.

United States District Court D. Montana, Billings Division.

July 24, 1967.

Attorney(s) appearing for the Case

Carrell & Scovel, Rapid City, S. D., and Crowley, Kilbourne, Haughey, Hanson & Gallagher, Billings, Mont., for plaintiff.

Moody Brickett, U. S. Atty., Butte, Mont., and Clifford E. Schleusner, Asst. U. S. Atty., Billings, Mont., for defendants.

ORDER and MEMORANDUM OPINION

JAMESON, Chief Judge.

This is an action for a declaratory judgment1 determining the validity of 18 mining claims owned by plaintiff and for review of a decision of the Secretary of the Interior under the Administrative Procedures Act.2 Both sides have moved for summary judgment.3

In 1960 defendant Montana State Director of the Bureau...

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