United States v. Richard P. Haskins

Good Law
505 F.2d 246·1974 U.S. App. LEXIS 6341
United States Court of Appeals for the Ninth CircuitOctober 25, 197472-2342California2,956 words

Opinion

Opinion

Thompson, J.

This is an action in ejectment brought by the United States to enforce its right to possession of an area in the Angeles National Forest near Los Angeles, California, described as Section 28, T. 3 N., R. 14 W., San Bernardino B & M.

The Complaint alleges that defendant, Richard P. Haskins, claims the right to possess the property by virtue of four invalidated mining claims denominated as Lone Jack, Lap Wing, Roger Williams and Lady Helen, and two invalidated millsites called Lap Wing Millsite and Lady Helen Millsite. The claims in question were located as lode mining claims and encompass approximately 85.-1 acres. The Complaint alleges that after appropriate administrative proceedings, the claims in question were declared null and void by final decision of the Interior Board of Land Appeals on July 30, 1971.

Defendant Haskins answered. He denied that his possessory interest in the property was based upon the four lode mining claims and two millsites. He admitted that the claims and millsites had been declared null and void by the Interior Board of Land Appeals. He denied that that decision was final and binding, stating that a reasonable time had not elapsed in which to…

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