Esther Barrows, as an Individual and as of the Last Will of E. A. Barrows, Deceased v. Walter J. Hickel, as Secretary of the Interior of the United States of America, United States of America v. The Estate of E. Arthur Barrows, Deceased

447 F.2d 80 Esther BARROWS, as an individual and as Executrix of the Last Will of E. A. Barrows, Deceased, Plaintiff-Appellant, v. Walter J. HICKEL, as Secretary of the Interior of the United States of America, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. The ESTATE of E. Arthur BARROWS, Deceased, et al., Defendants-Appellants. Nos. 25944, 26045. United States Court of Appeals, Ninth Circuit. Aug. 17, 1971, Rehearings Denied Sept. 27, 1971. John B. Lonergan (argued), Lonergan, Jordan, Gresham & Varner, San Bernardino, Cal., for appellant Barrows. Robert E. Kopp, Dept. of Justice (argued), William D. Ruckelshaus, Asst. Atty. Gen., Washington, D.C., Robert L. Meyer, U.S. Atty., Los Angeles, Cal., for appellants Barrows' Estate and others. Robert S. Lynch (argued), Edmund B. Clark, Dept. of Justice; Walter Kiechel, Jr., Acting Asst. Atty. Gen., Washington, D.C., Robert L. Meyer, U.S. Atty., Ernestine Tolin, Asst. U.S. Atty., Los Angeles, Cal., for appellees. Before CHAMBERS, MERRILL and KILKENNY, Circuit Judges. MERRILL, Circuit Judge: 1 In 1953 Barrows and his wife posted and filed a location notice, whereby they purported to locate a mining claim for…