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LAKETON ASPHALT & REFINING, INC. v. UNITED STATES

No. F 77-20.

476 F.Supp. 668 (1979)

LAKETON ASPHALT AND REFINING, INC., Plaintiff, v. UNITED STATES DEPARTMENT OF the INTERIOR and Cecil Andrus, Secretary, U. S. Department of the Interior, Defendants.

United States District Court, N. D. Indiana, South Bend Division.

July 17, 1979.

Attorney(s) appearing for the Case

John H. Heiney, Rothberg, Gallmeyer, Fruechtenicht & Logan, Fort Wayne, Ind., Howard P. Trockman, Trockman, Flynn & Probert, Evansville, Ind., for plaintiff.

Lawrence R. Liebesman, Dept. of Justice, Washingon, D. C., John S. Leonardo, Asst. U. S. Atty., United States District Court, South Bend, Ind., for defendants.

MEMORANDUM

GRANT, Senior District Judge.

Factual Background

Section 36 of the Mineral Lands Leasing Act of February 25, 1920 (30 U.S.C. § 192), provides that royalties accruing to the United States under public domain oil or gas leases shall, on demand of the Secretary of the Interior, be paid in kind, i. e., in oil or gas. As originally passed, the Act directed the Secretary to retain these resources for the use of the United States...

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