SAFARIK v. UDALL

Nos. 16646-16651, 16654.

304 F.2d 944 (1962)

Louise SAFARIK and Richard P. DeSmet, Appellants, v. Stewart L. UDALL, Secretary of the Interior, Appellee. Raymond J. HANSEN et al., Appellants, v. Stewart L. UDALL, Secretary of the Interior, et al., Appellees. Samuel GARY, Appellant, v. Stewart L. UDALL, Secretary of the Interior, Appellee. John J. KING, Appellant, v. Stewart L. UDALL, Secretary of the Interior, Appellee. Robert SCHULEIN, Appellant, v. Stewart L. UDALL, Secretary of the Interior, Appellee. Betty J. LEWIS et al., Appellants, v. Stewart L. UDALL, Secretary of the Interior, Appellee. Duncan MILLER, Appellant, v. Stewart L. UDALL, Secretary of the Interior, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 7, 1962.


Attorney(s) appearing for the Case

Mr. Thomas F. McKenna, Santa Fe, N. Mex., with whom Mr. Richard H. Speidel, Washington, D. C., was on the brief, for appellants in Nos. 16,646 and 16,647. Mr. Joseph A. Sommer, Santa Fe, N. Mex., also entered an appearance for appellants in Nos. 16,646 and 16,647.

Mr. James S. Holmberg, Denver, Colo., of the bar of the Supreme Court of Colorado, pro hac vice, by special leave of court with whom Mr. Richard H. Speidel, Washington, D. C., was on the brief, for appellants in Nos. 16,648, 16,649, 16,650 and 16,651.

Mr. Chester C. Shore, Washington, D. C., for appellant in No. 16,654.

Mr. Raymond N. Zagone, Atty., Dept. of Justice, Washington, D. C., of the bar of the Supreme Court of Texas, pro hac vice, by special leave of court, with whom Asst. Atty. Gen., Ramsey Clark, Messrs. Roger P. Marquis and Thomas L. McKevitt, Attys., Dept. of Justice, Washington, D. C., were on the brief, argued for appellee Udall in Nos. 16,646, 16,647 and 16,654, and submitted on the brief for appellee Udall in Nos. 16,648, 16,649, 16,650 and 16,651. Messrs. S. Billingsley Hill and Hugh Nugent, Attys., Dept. of Justice, Washington, D. C., also entered appearances for appellee Udall.

Mr. Henry T. Rathbun, Washington, D. C., for appellee Robert S. Light, and certain other appellees in No. 16,647.

Mr. Samuel W. McIntosh, Washington, D. C., for appellees Coll and Fasken in No. 16,647.

Mr. Samuel W. McIntosh, Washington, D. C., filed a brief on behalf of Robert B. Laughlin, and others, as amici curiae, urging affirmance.

Before PHILLIPS, Senior United States Circuit Judge for the Tenth Circuit, EDGERTON and BAZELON, Circuit Judges.


PHILLIPS, Circuit Judge.

In each of these cases relief by declaratory judgment was sought with respect to the denial by the Secretary of the Interior of applications made by appellants for oil and gas leases under the Mineral Leasing Act of 1920, 41 Stat. 437, 30 U.S.C.A. § 181 et seq. In each case a judgment was entered granting the Secretary's motion for summary judgment, denying a cross-motion for summary judgment and dismissing the action. These appeals followed...

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