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CLACKAMAS COUNTY, OREGON v. McKAY

No. 12533.

226 F.2d 343 (1955)

CLACKAMAS COUNTY, OREGON, Appellant, v. Douglas McKAY, Secretary of the Interior, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided July 28, 1955.

Attorney(s) appearing for the Case

Mr. L. Eugene Crampton, Oswego, Ore., of the bar of the Supreme Court of Oregon, pro hac vice, by special leave of Court, with whom Messrs. A. W. Lafferty, Portland, Ore., Richard L. Merrick and Byron N. Scott, Washington, D. C., were on the brief, for appellant.

Mr. Harold S. Harrison, Atty., Department of Justice, with whom Mr. Roger P. Marquis, Atty., Department of Justice, was on the brief, for appellees. Mr. Leo A. Rover, U. S. Atty., and Mr. Lewis Carroll, Asst. U. S. Atty., also entered appearances for appellees.

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

PRETTYMAN, Circuit Judge.

This case is a sequel to one decided by this court in 1954.1 It is unnecessary to repeat the long and involved background to the litigation. Our decision was promulgated April 30, 1954. Subsequently, on June 24, 1954, the President approved an Act of Congress dealing with the subject matter. That Act2 declared that (1) all the unselected and

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