United States v. Edison R. Nogueira

This is an appeal from a summary judgment dismissing a complaint filed by the United States, seeking to eject appellees, and to recover damages because of an alleged trespass upon land and occupancy of a residence by appellees, in the Cleveland National Forest. The dismissal was on grounds of lack of jurisdiction, in that the validity of a mining claim under which appellees claimed rights, must first be adjudicated by the Department of the Interior. This appeal followed.

....... THE QUEST ON RES

The question presented is whether the district court lacked jurisdiction of a suit by the United States, for ejectment, and to recover trespass damages, prior to the determination of the validity of a mining claim filed on the property of the United States.

THE FACTS

The Grape Vine Placer Mining Claim was located in 1903 and 1945, on lands of the United States, now within the Cleveland National Forest. An application for a patent, filed by the widow of the original locator, was rejected by the Interior Department on February 29, 1960, on the ground that the material involved, shale, was a common clay not subject to location under the mining ^aws-

On May 1, 1961, the widow executed a…