McClarty v. Secretary of Interior

408 F.2d 907 (1969)

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McClarty v. Secretary of Interior

United States Court of Appeals for the Ninth Circuit
408 F.2d 907 (1969)

  • Written by Tanya Munson, JD

Facts

Kenneth McClarty located a mining claim on a deposit of stone. The stone was naturally fractured in regular shapes that made it ready for use by a stonemason with little cutting or shaping needed. Seventy percent or more of the stone had been shaped into forms immediately usable in commercial and residential construction. The stone was easier and took less time to lay than any other stone. McClarty’s building stone commanded $40 to $45 per ton on the market, whereas common rock only commanded $6 to $7. The secretary of the Interior invalidated McClarty’s mining claim. McClarty appealed, seeking to review the secretary’s decision. The district court granted summary judgment for the secretary and dismissed the action, invalidating McClarty’s mining claim. McClarty appealed.

Rule of Law

Issue

Holding and Reasoning (Thompson, J.)

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