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1979 Interior Dec. (IBLA) 390 (1979)

handle is hein.amindian/ibla1979 and id is 1 raw text is: UNITED STATES v. ESTATE OF ARTHUR C. W. BOWEN, DECEASED AND SUPERIOR PERLITE MINES, INC. (CONTESTEES); HARBORLITE CORP. (INTERVENOR) IBLA 78-426 Decided January 8, 1979 Appeal fom decision of Administmiive Law Judge Robert Mesch holding that the contestees had held and worked part of the Superior perlite placer claims to the extent necessary to qualify for patent under 30 U.S.C. § 38 (1976). Arizona 030706. Affimed. 1. Mining Claims: Lode Claims-Mining Claims: Placer Claims--Woids and Phmses: 'Lode and pjglar. A placer mining claim has been defined as ground within defined boundaries which contain mineral in its earth, sand, or gravel; ground that includes valuable deposits not in place, that is, not fixed in rock, but which are in a loose state, and may in most cases be collected by washing or amalgamation without milling. Whereas, a lode or vein has been defined as any zone or belt offmineralized rock lying within boundaries clearly separating it fiom the neighboring rock; a body of mineral or mineral bearing rock within defined boundaries. When mining claims have been located as placer claims for perlite which lies in a blanket or pancake in an almost horizontal plane and in its original state is encased between two different types of rock, where in places, the upper rock or layer has 38 BLA 390

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