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NEELY v. UNITED STATES

No. 374-56.

285 F.2d 438 (1961)

F. S. NEELY v. UNITED STATES.

United States Court of Claims.

As Amended January 26, 1961.

Attorney(s) appearing for the Case

C. R. Warner, Jr., Fort Smith, Ark., for plaintiff. Paul H. Jenree, Kansas City, Kan., Heartsill Ragon, Fort Smith, Ark., and James B. Sharp, Brinkley, Ark., were on the briefs.

Walter H. Williams, Washington, D. C., with whom was Asst. Atty. Gen. Perry W. Morton, for defendant.

WHITAKER, Judge.

Plaintiff sues for breach of its contract of lease to mine coal on some 2,000 acres of coal-bearing lands in eastern Oklahoma.

In the latter part of 1948, or the early part of 1949, the Choctaw and Chickasaw Nations transferred the lands to the United States. Following the transfer, the Lone Star Steel Company made application for a mining lease on the lands, in a letter to J. D. Turner, the district mining supervisor of the Geological Survey...

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