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HENRIQUES v. GULF OIL CORPORATION

No. 6945.

305 F.2d 51 (1962)

Douglas E. HENRIQUES, Individually and as Manager of the United States Land Office, Santa Fe, New Mexico, Bureau of Land Management, Department of the Interior; Chesley P. Seely, Individually and as State Director for the State of New Mexico, Bureau of Land Management, Department of the Interior, Appellants, v. GULF OIL CORPORATION, a corporation, and Carl T. Smith, Jr., Appellees.

United States Court of Appeals Tenth Circuit.

June 29, 1962.

Attorney(s) appearing for the Case

A. Donald Mileur, Atty., Dept. of Justice (Ramsey Clark, Asst. Atty. Gen., John Quinn, U. S. Atty., J. Eugene Gallegos, Asst. U. S. Atty., and Roger P. Marquis, Atty., Dept. of Justice, on the brief), for appellants.

Howard C. Bratton, Roswell, N. M. (George H. Hunker, Jr., William V. Kastler, Roswell, N. M., David W. Stephens, Midland, Tex., and Hervey, Dow & Hinkle, Roswell, N. M., on the brief), for appellees.

Before MURRAH, Chief Judge, and BREITENSTEIN and HILL, Circuit Judges.

PER CURIAM.

The judgment of the trial court enjoined the administrative cancellation of a United States oil and gas lease. The defendant officials have appealed and now assert that the case is moot.

Pursuant to the applicable provisions of the Mineral Leasing Act of 1920 as amended,1 appellee Smith, in October, 1958, made an offer for an oil and gas lease on three separate parcels of the public domain in New Mexico. Later, one...

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