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WITBECK v. HARDEMAN

No. 5258.

51 F.2d 450 (1931)

WITBECK v. HARDEMAN.

Circuit Court of Appeals, Fifth Circuit.

Concurring Opinion July 20, 1931.

Rehearing Denied August 12, 1931.

Attorney(s) appearing for the Case

S. L. Herold, of Shreveport, La. (Thigpen, Herold & Cousin, of Shreveport, La., on the brief), for appellant.

J. M. Grimmet, of Shreveport, La. (Yandell Boatner, J. M. Grimmet, Frank J. Looney, and Pugh, Grimmet & Boatner, all of Shreveport, La., on the brief), for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

Witbeck and Hardeman each desired to prospect for gas and oil under section 13 of the Leasing Act of February 25, 1920, 30 USCA § 221, upon a certain quarter section of land in Louisiana belonging to the United States; both being qualified under the act to do so. Witbeck made oath to his application for a permit on November 9, 1923, and mailed it with the required fees. It was marked "Received" at the land office at 3:30 p. m., November...

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