JUSTHEIM v. McKAY

No. 12561.

229 F.2d 29 (1956)

Clarence I. JUSTHEIM et al., Appellants, v. Douglas McKAY, Secretary of the Interior, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided January 5, 1956.


Attorney(s) appearing for the Case

Mr. Clair M. Senior, of the bar of the Supreme Court of Utah, Salt Lake City, Utah, pro hac vice, by special leave of Court, with whom Mr. Melville Ehrlich, Washington, D. C., was on the brief, for appellants.

Mr. George S. Swarth, of the bar of the Supreme Court of California, pro hac vice, by special leave of Court, with whom Mr. Roger P. Marquis, Washington, D. C., was on the brief, for appellee Douglas McKay.

Mr. William W. Clary, of the bar of the Supreme Court of California, Los Angeles, Cal., pro hac vice, by special leave of Court, with whom Messrs. Albert Noble McCartney and Hugh Fullerton, Washington, D. C., were on the brief, for appellees Signal Oil and Gas Company and Southwest Exploration Company.

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


PRETTYMAN, Circuit Judge.

Between 1938 and 1947 our appellants, or persons through whom they claim, filed with the Secretary of the Interior separate applications under the Mineral Lands Leasing Act of 19201 for oil and gas leases of submerged lands off the coast of California. These lands are located below the line of mean low tide and within the three-mile limit. In 1948 appellants' applications...

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