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UNITED STATES v. ESSLEY

Nos. 6334, 6335.

284 F.2d 518 (1960)

UNITED STATES of America, Appellant, v. Irene ESSLEY, Appellee. Irene ESSLEY, Cross-Appellant, v. UNITED STATES of America, Cross-Appellee.

United States Court of Appeals Tenth Circuit.

November 8, 1960.

Attorney(s) appearing for the Case

Hugh Nugent, Atty., Dept. of Justice, Washington, D. C. (Perry W. Morton, Asst. Atty. Gen., Robert S. Rizley, U. S. Atty., Tulsa, Okl., and Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., with him on the brief), for appellant and cross-appellee.

F. Paul Thieman, Jr., Tulsa, Okl., for appellee and cross-appellant.

Before MURRAH, Chief Judge, and BRATTON and PICKETT, Circuit Judges.

PICKETT, Circuit Judge.

Acting under the provisions of Section 17 of the Mineral Leasing Act of 1920, as amended, Ch. 599, 49 Stat. 674, 676, the Secretary of the Interior issued to the defendant, Irene Essley, four noncompetitive oil and gas leases on tracts of public lands in Colorado. Each lease was for a period of five years, and contained a provision requiring that the lessee should pay "a rental of 50 cents for each acre or fraction thereof for the first lease...

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