COX
v.
WILSON, WARDEN, ET AL.
COX
WILSON, WARDEN, ET AL.
309 U.S. 654
Supreme Court of the United States (1940)
Positive Treatment
Cited by 5 cases
Opinion
Full opinion text not available for this case.
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McCALL v. Andrus, 628 F.2d 1185 (9th Cir. 1980)…as a homestead was mineral land not subject to homestead claims). See also, United States v. Southern Pacific Co., 251 U.S. 1, 40 S.Ct. 47, 64 L.Ed. 97 (1919); Standard Oil Co. of California v. United States, 107 F. 2d 402 (9th Cir.), cert. denied, 309 U.S. 654, 60 S.Ct. 469, 84 L.Ed. 1003 (1940); United States v. Bunkowski, supra at 55. [*1189] McCall relies upon Verme v. United States, supra, to support his argument that proof of an existing market is all that is necessary to prove “discovery.” He argues…
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Laden v. Andrus, 595 F.2d 482 (9th Cir. 1979)…ed a prerequisite to the location of a mining claim under American mining law, “proof of known mineral character is not dependent upon a showing of actual discovery.” Standard Oil Co. v. United States, 107 F. 2d 402, 414-15 (9th Cir.), cert. denied, 309 U.S. 654, 673, 60 S.Ct. 469, 715, 84 L.Ed. 1003, 1019 (1940).5 [*488] The test for determining the mineral character of land followed in this Circuit was announced by the Supreme Court in Diamond Coal & Coke Co. v. United States, 233 U.S. 236, 34 S.Ct. 507,…1 / 2
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United States v. Vogler, 859 F.2d 638 (9th Cir. 1988)…act pursuant to an enumerated power in creating a National Park; Congress has the power to retain federal land for important public purposes. See e.g., Standard Oil Co. Of California v. United States, 107 F. 2d 402, 409 (9th Cir.1939), cert. denied, 309 U.S. 654, 60 S.Ct. 469, 84 L.Ed. 1003 (1940). Congressional power to regulate federal land under the property clause is in no way limited to the regulation of land held before ratification of the Constitution. See e.g., Kleppe v. New Mexico, 426 U.S. 529, 9…
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