CLACKAMAS COUNTY, ORE. v. McKAY

No. 11844.

219 F.2d 479 (1954)

CLACKAMAS COUNTY, ORE., a Political Subdivision of the State of Oregon, Appellant, v. Douglas McKAY, Secretary of the Interior, and Ezra Taft Benson, Secretary of Agriculture, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided April 30, 1954.

Petition for Rehearing Denied October 21, 1954.

Judgment Vacated April 18, 1955.


Attorney(s) appearing for the Case

Messrs. A. W. Lafferty, Portland, Oregon and Richard L. Merrick, Washington, D. C., for appellant.

Mr. Harold S. Harrison, Atty., Dept. of Justice, Washington, D. C., with whom Mr. Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., was on the brief, for appellees.

Mr. Leo A. Rover, U. S. Atty., Mr. Lewis A. Carroll, Asst. U. S. Atty., and Mr. William J. Peck, Asst. U. S. Atty. at the time the brief was filed, Washington, D. C., entered appearances for appellees.

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


Judgment Vacated April 18, 1955. See 75 S.Ct. 599.

PRETTYMAN, Circuit Judge.

This is a civil action brought in the United States District Court for the District of Columbia by Clackamas County, Oregon, on behalf of itself and seventeen other so-called land grant counties in that State, seeking a mandamus directed to the Secretary of the Interior and an injunction to the Secretary of Agriculture.

The controversy concerns the proceeds from the...

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