Clear Gravel Enterprises, Inc. v. Keil

OPINION

Before KOELSCH and KILKENNY, Circuit Judges, and McGOVERN,* District Judge.

This is an appeal from a Summary Judgment dismissing an action to set aside a decision of the United States Department of the Interior Board of Land Appeals which held two mining claims null and void for lack of discovery of a valuable mineral deposit.

The issue at law concerning the claims was whether minerals had been found which would justify a person of ordinary prudence in making further expenditures of labor and means upon the property with a reasonable prospect of success in developing a valuable mine.…