Clear Gravel Enterprises, Inc. v. Nolan Keil

505 F.2d 180 CLEAR GRAVEL ENTERPRISES, INC., Plaintiff-Appellant, v. Nolan KEIL, State Director, Bureau of Land Management, state of Nevada, andRolla Chandler, Chief Division of Technical Services, Bureau of LandManagement, Reno, Nevada being agencies of the United States Department of theInterior, UnitedStates of America, Defendant-Appellees. No. 72-2396. United States Court of Appeals, Ninth Circuit. Oct. 9, 1974. John W. Bonner (argued), Las Vegas, Nev., for plaintiff-appellant. Eva R. Datz, Atty. (argued), Lands & Natural Resources Div., Dept. of Justice, Washington, D.C., for defendant-appellees. OPINION Before KOELSCH and KILKENNY, Circuit Judges, and McGOVERN, 1 District Judge. PER CURIAM: 1 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. 2 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…