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Asarco Incorporated v. Kadish

United States Supreme Court

490 U.S. 605 (1989)

Relevant factsFree

The federal Enabling Act granted Arizona school lands subject to conditions requiring public auction and appraised-value sale, but excluded mineral lands; the later Jones Act extended those same grants to mineral lands, and an Arizona statute governing state mineral-land leases, including those to ASARCO (defendant) and other lessees, didn't require the Enabling Act's advertisement or appraisal conditions, prompting taxpayers (plaintiffs) to challenge the statute's validity.

IssueFree

Whether a state statute governing mineral lands granted from the federal government is void if it does not conform to the conditions in the federal law that originally granted the lands.

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