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ANDERSON v. McKAY

No. 11798.

211 F.2d 798 (1954)

ANDERSON et al. v. McKAY, Secretary of Interior.

United States Court of Appeals District of Columbia Circuit.

Decided March 25, 1954.

Petition for Rehearing Denied May 11, 1954.

Attorney(s) appearing for the Case

Mr. Warren Woods, Washington, D. C., with whom Messrs. Charles B. McInnis and Roger H. Muzzall and Mrs. Irene Kennedy, Washington, D. C., were on the brief, for appellants.

Mr. John F. Cotter, Attorney, Department of Justice, Washington, D. C., with whom Mr. Edmund B. Clark, Attorney, Department of Justice, Washington, D. C., was on the brief, for appellee.

Before EDGERTON, WILBUR K. MILLER and PRETTYMAN, Circuit Judges.

PRETTYMAN, Circuit Judge.

This was a civil action in the United States District Court for the District of Columbia, in which the plaintiffs, Anderson, et al., sought an order directing the Secretary of the Interior to issue to them a patent for certain lands without reservation of mineral rights therein. The District Court granted summary judgment for the defendant Secretary.

The material facts are not in dispute, being largely stipulated. By Acts passed in...

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