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ANDRUS v. CHARLESTONE STONE PRODUCTS CO.

No. 77-380.

436 U.S. 604 (1978)

98 S.Ct. 2002

56 L.Ed.2d 570

ANDRUS, SECRETARY OF THE INTERIOR v. CHARLESTONE STONE PRODUCTS CO.

Supreme Court of United States.

Decided May 31, 1978.

Attorney(s) appearing for the Case

Sara Sun Beale argued the cause for petitioner. With her on the briefs were Solicitor General McCree, Assistant Attorney General Moorman, Deputy Solicitor General Barnett, Carl Strass, and Larry A. Boggs.

Gerry Levenberg argued the cause for respondent. With him on the brief was Warwick C. Lamoreaux.*

MR. JUSTICE MARSHALL delivered the opinion of the Court.

Under the basic federal mining statute, which derives from an 1872 law,1 "all valuable mineral deposits in lands belonging to the United States" are declared "free and open to exploration and purchase." 30 U. S. C. § 22.2 The question presented is whether water is a "valuable mineral" as those words are...

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