James Tinnell - Page 10

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          secure mineral surveys.  Further, beginning in 1991, petitioner             
          caused various claims to be surveyed with the objective of                  
          patenting those claims.  On January 20, 1994, petitioner applied            
          for a mineral patent for some of his claims.12  To date, however,           
          petitioner has not received any patents with respect to his                 
          D.  Tinnell Prospect                                                        
               In 1992 and early 1993, petitioner explored and prospected             
          an area known as the Tinnell Prospect, consisting of a group of             
          claims in the northwest corner of petitioner’s claim block.                 
          Horizon Securities, a securities firm that does private                     
          placements for young companies, sent a geologist, Michael                   
          Cruson,13 to perform a geologic evaluation of the area.  Mr.                
          Cruson prepared a report, dated January 15, 1993, and made three            
          recommendations:  (1) No further work is justified on the claims            
          covered by the Tinnell Prospect; (2) any future work in the area            

               12Petitioner claimed that since 1994 there was a moratorium            
          on the issuance of mineral patents from the BLM.  Apparently,               
          petitioner missed the deadline to apply for a mineral patent by 1           
          day, and his application was returned to him.                               
               13Michael Cruson has a geological engineering degree and a             
          Ph.D. in geology from the Colorado School of Mines.  Mr. Cruson             
          has been engaged in the business of geological engineering since            
          1973.  Mr. Cruson’s clients include major oil companies in the              
          United States; i.e., Phelps Dodge, Texaco, Chevron, Exxon; and              
          major mining companies in the United States; i.e., Kenicott,                
          Mobil, Newmont, and Cypress AMAX.  At the time of trial, Mr.                
          Cruson was conducting a feasability study on the Sarmish gold               
          deposit site in Pakistan that was discovered in the early 1970's.           

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