Branagh

Bradley-Turner Mines, Inc., appellant herein, filed a complaint in the United States District Court for the Northern District of California, Northern Division, seeking an injunction restraining Henry E. Branagh, as Forest Supervisor, Tahoe National Forest, and M. G. Barnum, as California Regional Forester, United States Forest Service, appellees herein, from conveying or contracting to convey any rights in timber on unpatented mining claims in plaintiff’s possession. A temporary restraining order was issued on May 2, 1960, but a preliminary injunction was denied on May 27, 1960. On the motion of appellees the suit was dismissed on September 16, 1960, for want of jurisdiction. It is from the dismissal that appellant brings this appeal. This court has jurisdiction under the provisions of 28 U.S.C.A. §§ 1291 and 1294.

The complaint alleges that Bradley-Turner Mines, Inc., is the owner in possession and is entitled to possession of certain mining locations situate in Tahoe National Forest; that the appellees, purporting to act in their official capacities, advertised for sale all of the standing timber upon the mining claims, held a public sale, and made the sale for the sum of…