Henault Mining Co. v. Tysk
District Court, D. Montana
1Opinion of the Court
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 of Land Management instituted a proceeding, authorized by the Act of July 23, 1955 (commonly called the Multiple Surface Uses Act) 30 U.S.C. §§ 612 and 613, against a group of 21 contiguous lode mining claims which were located and held…
2Cases cited12 opinions
- Best v. Humboldt Placer Mining Co.Supreme Court of the United States · 1963
- Cameron v. United StatesSupreme Court of the United States · 1920
- Chrisman v. MillerSupreme Court of the United States · 1905
- Everett Foster v. Fred A. Seaton, Secretary of the InteriorCourt of Appeals for the D.C. Circuit · 1959
- Alfred Coleman and Edward J. McClennan v. United StatesCourt of Appeals for the Ninth Circuit · 1966
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3Cited by5 opinions
- Henault Mining Co. v. TyskCourt of Appeals for the Ninth Circuit · 1969
- Earl M. Lutzenhiser and Leo J. Kottas v. The Honorable Stewart H. Udall, Secretary of the Department of the Interior of the United States of AmericaCourt of Appeals for the Ninth Circuit · 1970
- Pascual v. O'SheaDistrict Court, D. Hawaii · 1976
- Earl M. Lutzenhiser and Leo J. Kottas v. The Honorable Stewart H. Udall, Secretary of the Department of the Interior of the United States of AmericaCourt of Appeals for the Ninth Circuit · 1970
- Henault Mining Company v. TyskCourt of Appeals for the Ninth Circuit · 1970