Thomas v. Andrus

Albert Thomas and wife appeal a judgment in the district court which affirmed a decision by the Secretary of Interior declaring invalid certain mining claims for want of a valid discovery. See Thomas v. Morton, 408 F.Supp. 1361 (D.Ariz.1976).

The principal issue on appeal is whether the owners of surface (grazing) rights had standing to challenge the mineral discoveries claimed by the Thomas interests.

The district judge was confronted with a question that had not been squarely presented in this court. He reasoned by analogy from Duguid v. Best, 291 F.2d 235 (9th Cir. 1961), cert. denied, 372…