Alfred N. Verrue v. United States of America

This is an appeal by appellants from an order of the District Court reversing a decision of the Secretary of Interior declaring a placer mining claim, the Sandy No. 2, of appellee null and void for lack of discovery of a valuable mineral deposit.

The record in this case reveals that Alfred N. Verrue (Appellee) located the Sandy No. 2 claim on March 7, 1946. On April 9, 1963, a complaint was filed by the United States Government (Appellant) in which it was charged that no discovery of valuable minerals had been made within the boundaries of the claim between March 7, 1946 (date of location) and February 10, 1948 (final withdrawal date). After an evidentiary hearing held on March 24, 1964, a hearing examiner, on November 6, 1964, dismissed the Government’s complaint, thereby sustaining the validity of the claim. The decision of the hearing examiner was reversed by the Office of Appeals and Hearings, Bureau of Land Management, which decision was upheld by the Secretary. Upon a review of the final decision of the Secretary of the Interior, the District Court reversed, finding that the Secretary’s decision was not supported by substantial evidence. This court has jurisdiction to…