Frank Melluzzo and Wanita Melluzzo v. Rogers C. B. Morton, Secretary of the Department of the Interior of the United States of America

This appeal is taken from judgment of the District Court for the District of Arizona upholding a final administrative decision of the Secretary of the Interior which held invalid six placer mining claims of appellants — the Rena group (Nos. 1 to 6), near Phoenix, Arizona — on the ground of lack of discovery of a valuable mineral deposit. The Secretary’s decision is published at 76 I.D. 160 (1969).

The deposits claimed were of sand, gravel and building stone. The Secretary held these to be “common varieties” under § 3 of the Act of July 23, 1955, 30 U.S.C. § 611 , and not subject to mining location after the date of the Act. The Act provides:

In the administrative hearing and on this appeal, appellants contend that the deposits possessed characteristics giving them distinct and special value, and thus excluding them from the effect of the 1955 Act. As to the gravel deposits, they rely on testimony in general to the effect that the quality of the gravel was better than that of other such material in the area — that it was superior with respect to gradation, cleanliness and reactivity. The Secretary concluded:

As to building stone, the Secretary concluded that it was so…