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PRUESS v. UDALL

Civ. No. 67-167.

286 F.Supp. 138 (1968)

C. F. PRUESS, Sr., Executor of Estate of Ida G. Archerd, Dec'd., W. J. Gordon, Jennie Bulfer, Roy Gordon, Ray Harrison, Glenn Beale and Hazel Van Allen Price, heirs at law and next of kin of said Ida G. Archerd, Deceased, Plaintiffs, v. Stewart L. UDALL, Secretary of the Interior, Defendant.

United States District Court D. Oregon.

June 25, 1968.

Attorney(s) appearing for the Case

C. F. Pruess, Sr., Woodburn, Or., Gene L. Brown, Grants Pass, Or., for plaintiffs.

Sidney I. Lezak, U. S. Atty., Joseph E. Buley, Asst. U. S. Atty., Portland, Or., for defendant.

OPINION

SOLOMON, Chief Judge:

Plaintiffs seek to set aside a decision of the Secretary of the Interior denying patents for six mining claims.

This controversy began February 12, 1958, when the defendant filed invalidation proceedings against seven mining claims. At the hearing, the defendant admitted that there had been a valuable mineral discovery on the Black Jack claim and dismissed the challenge to this claim. The hearing examiner found that...

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