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DUCKER v. BUTLER

No. 7133.

104 F.2d 236 (1939)

DUCKER et al. v. BUTLER et al.

United States Court of Appeals for the District of Columbia.

Decided March 20, 1939.

Attorney(s) appearing for the Case

Robert H. McNeill, H. Eugene Bryan, and Philip F. Herrick, all of Washington, D. C., for appellants.

John S. Meaney, of Washington, D. C., for Appellee Butler.

Ralph S. Boyd, and William R. Sherwood, both of Washington, D. C., for Appellee Ickes.

Before GRONER, Chief Justice, and MILLER and VINSON, Associate Justices.

MILLER, Associate Justice.

In 1936 Congress enacted a statute1 which authorized an appropriation of $161,400 in full compensation for 64,560 acres of land in Western Colorado theretofore taken by the United States from the Confederated Bands of Ute Indians, and set aside as a naval oil reserve. Section 2 of that Act reads as follows:

"The Secretary of the Treasury is hereby authorized to pay, out of said appropriation when made...

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