BOESCHE v. UDALL

No. 16238.

303 F.2d 204 (1961)

Fenelon BOESCHE, Administrator of the Estate of F. W. C. Boesche, deceased, Appellant, v. Stewart L. UDALL, Secretary of the Interior, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 16, 1961.

Rehearing Denied June 15, 1962.


Attorney(s) appearing for the Case

Mr. Lewis E. Hoffman, Washington, D. C., for appellant.

Mr. Harold S. Harrison, Atty., Dept. of Justice, with whom Asst. Atty. Gen. Ramsey Clark, Messrs. Roger P. Marquis and Thomas L. McKevitt, Attys., Dept. of Justice, were on the brief, for appellee

Before EDGERTON, PRETTYMAN, and BAZELON, Circuit Judges.


Rehearing En Banc Denied June 15, 1962.

PER CURIAM.

Appellee's predecessor as Secretary of the Interior issued to appellant's predecessor Boesche a noncompetitive oil and gas lease on 80 acres of public land. After the Boesche application was filed, Cuccia and Conley filed an application which complied fully with the law and the regulations. The Secretary directed the cancellation of Boesche's lease and the District Court, we think correctly, sustained his...

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