Coleman v. United States

• Citation: 405 F.2d 72
• Decision Date: 10 March 1969
• Docket Number: No. 20227.,20227.
• Parties: Alfred COLEMAN and Edward J. McClennan, Appellants, v. UNITED STATES of America, Appellee.
• Court: United States Courts of Appeals. United States Court of Appeals (9th Circuit)

405 F.2d 72 (1969)

Alfred COLEMAN and Edward J. McClennan, Appellants, v. UNITED STATES of America, Appellee.

No. 20227.

United States Court of Appeals Ninth Circuit.

December 4, 1968.

Certiorari Denied March 10, 1969.

George Nilsson (argued), Monta W. Shirley, Los Angeles, Cal., W. Howard Gray, Reno, Nev., Howard A. Twitty and George E. Reeves, Phoenix, Ariz., W. H. Weddell, San Bernardino, Cal., for the appellants.

Wm. M. Byrne, Jr., U. S. Atty., Los Angeles, Cal., Edwin L. Weisl, Jr., Asst. Atty. Gen., Roger P. Marquis, Atty., Dept. of Justice, Stewart Udall, Sec. of the Interior, Washington, D. C., for appellee.

Before CHAMBERS and JERTBERG, Circuit Judges, and THOMPSON, District Judge.

Certiorari Denied March 10, 1969. See 89 S.Ct. 1014.

PER CURIAM:

The mandate of the Supreme Court of the United States in this case declares:

"ON CONSIDERATION WHEREOF, it is ordered and adjudged by this Court that the judgment of the said United States Court of Appeals in this cause be, and the same is hereby, reversed; and that this cause be, and the same is hereby, remanded to the United States Court of Appeals for the Ninth Circuit for further proceedings in conformity with the opinion of this Court."

The Opinion of that Court referred to in the mandate states: "* * * We hold that the United States is entitled to eject respondents from the land and that respondents' counterclaim for a patent must fail." 390 U.S. 599, 88 S.Ct. 1327, 20 L.Ed.2d 170.

The judgment of the District Court from which this appeal was taken orders, adjudges and decrees:

"1. That the plaintiff, United States of America, is declared to be the sole owner of all right, title and interest in the lands described herein to the exclusion of any right, title or interest in any asserted mining claims or mining locations of the defendants herein.

"2. That the counterclaim of the defendant Alfred Coleman herein be, and hereby is dismissed.

"IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the defendants herein, their agents, and others acting in concert with or participating with them, are each and all,

"1. Restrained and enjoined from using, occupying or maintaining any structures, equipment or other personal properties on the land described in the complaint herein and set forth in detail in the answer of defendants.

"2. Restrained and enjoined from entering upon, or being upon said lands for the purpose of using and occupying the same pursuant to any asserted mining claims of said defendants, or of either of them, or for the purpose of operating or using any claimed mining locations thereon, or for the purpose of doing any acts or things thereon related to or claimed to be related to said mining claims or mining locations.

"3. Restrained and enjoined from interfering with, impeding, obstructing, or resisting plaintiff, United States of...