Frank Melluzzo, Husband Wanita Melluzzo, Wife v. Manuel Lujan, Jr., Secretary of Department of Interior

990 F.2d 1258 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frank MELLUZZO, husband; Wanita Melluzzo, wife, Plaintiffs-Appellants, v. Manuel LUJAN, Jr., Secretary of Department of Interior, Defendant-Appellee. No. 92-16115. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1993. * Decided April 1, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Frank and Wanita Melluzzo appeal the district court's summary judgment in favor of the Secretary of the Interior ("Secretary" or "government") in the Melluzzos' action seeking review of an Interior Board of Land Appeals' ("IBLA") decision. The IBLA upheld the administrative law judge's ("ALJ") decision invalidating two mining claims held by the Melluzzos. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm. 3 * We review de novo the district court's grant of summary judgment. See Gilmore v. Lujan, 947 F.2d 1409, 1411 (9th Cir.1991). We must uphold…