VAN ORSDEL, Associate Justice.
Appellant, hereafter referred to as plaintiff, filed his petition for a writ of mandamus against the Secretary of the Interior to compel the issuance to him of a patent to certain oil shale mining land in Garfield county, Colorado. On the response to the rule to show cause, the court, on hearing, discharged the rule and dismissed the petition.
From the facts set forth in the petition, and admitted by the response to the rule...
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