C. F. Pruess, Sr., Er Al. v. Stewart L. Udall, Secretary of the Interior

This appeal is taken from the District Court’s judgment upholding the decision of the Secretary of the Interior that appellants’ mining claims were invalid for lack of location of valuable minerals. The opinion of the District Court appears at 286 F.Supp. 138 (D.Or.1968). We agree with the views there expressed.

Appellants contend that the Secretary applied the wrong test — marketability rather than prudent man — to determine the sufficiency of the location. They distinguish United States v. Coleman, 390 U.S. 599, 88 S.Ct. 1327, 20 L.Ed.2d 170 (1968), on the ground that the Court there dealt…