Coral v. Funderberg v. Stewart L. Udall, Secretary of the Interior

The appellant, hereinafter designated as the plaintiff, filed in the United States District Court an application for a mandatory injunction ordering the Secretary of the Interior or his authorized assistants to recognize as valid and act upon an application by the plaintiff requesting that the Secretary grant to the plaintiff a title or appropriate leasehold interest in a site on which the plaintiff had a residential cabin on land covered by an unpatented mining claim. The Secretary refused to make the requested grant or lease; the plaintiff sought in the district court the mandatory injunction referred to above; the district court refused to grant the injunction ; and the plaintiff has appealed from that judgment to this court.

The Act of July 23, 1955, 30 U.S.C. §§ 601-615 is said, in a 1962 committee report, S. Rep. No. 1984, 87th Cong., 2d Sess. (1962), p. 3, to:

In 108 Cong.Rec. 19646-19647 (1962), it is said that some of such unauthorized uses of unpatented mining claims were permanent residences, summer homes, townsites, orchards, commercial enterprises, farms, a house of ill repute, a nudist colony, restaurants, a rock museum, a real estate office, hunting and fishing…