WRIGHT v. PAINE

Nos. 15740, 15926.

289 F.2d 766 (1961)

Hoover H. WRIGHT, Appellant, v. Eugene C. PAINE et al., Appellees. Stewart L. UDALL, Secretary of the Interior, Appellant, v. Eugene C. PAINE et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided February 23, 1961.


Attorney(s) appearing for the Case

Mr. Marvin J. Sonosky, Washington, D. C., with whom Mr. John S. White was on the brief, for appellant in No. 15740.

Mr. Robert S. Griswold, Jr., Atty., Dept. of Justice, with whom Messrs. Roger P. Marquis and Ralph S. Boyd, Attys., Dept. of Justice, were on the brief, for appellant in No. 15926. Messrs. Robert S. Griswold, Jr., and Roger P. Marquis, Washington, D. C., also entered appearances for the Secretary of the Interior in No. 15740.

Mr. Thomas F. McKenna, Santa Fe, N. M., with whom Mr. James A. McKenna, Jr., Washington, D. C., was on the brief, for appellees. Messrs. Joseph A. Sommer, Santa Fe, N. M., and Vernon L. Wilkinson, Washington, D. C., also entered appearances for appellees.

Before MAGRUDER, Senior United States Circuit Judge for the First Circuit, and BAZELON and WASHINGTON, Circuit Judges.


BAZELON, Circuit Judge.

Section 17 of the Mineral Leasing Act requires the Secretary of the Interior to issue a non-competitive oil and gas lease to "the person first making application * * *."1 In this suit for declaratory judgment, our appellees, Paine and his assignees, allege that Paine made the first application for such a lease of certain public lands in New Mexico and that the Secretary wrongfully rejected it on the ground that...

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