Frank Melluzzo and Wanita Melluzzo v. Rogers C. B. Morton, Secretary of the Department of the Interior of the United States of America

OPINION

Before MERRILL and HUFSTEDLER, Circuit Judges, and SMITH, * District Judge. MERRILL, Circuit Judge:

This appeal is taken from judgment of the District Court for the District of Arizona upholding a final administrative decision of the Secretary of the Interior which held invalid six placer mining claims of appellants — the Rena group (Nos. 1 to 6), near Phoenix, Arizona — on the ground of lack of discovery of a valuable mineral deposit. The Secretary’s decision is published at 76 I.D. 160 (1969).

The deposits claimed were of sand, gravel and building stone. The Secretary held these to be…