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CARL v. UDALL

Nos. 16719, 16720.

309 F.2d 653 (1962)

Jack E. CARL et al., Appellants, v. Stewart L. UDALL, Secretary of the Interior, Appellee. Nelson A. GERTTULA, Appellant, v. Stewart L. UDALL, Secretary of the Interior, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 18, 1962.

Attorney(s) appearing for the Case

Mr. Charles F. Wheatley, Jr., Washington, D. C., with whom Messrs. Robert L. McCarty and C. Emerson Duncan, II, Washington, D. C., were on the brief, for appellants.

Mr. Hugh Nugent, Atty., Dept. of Justice, with whom Asst. Atty. Gen. Clark, Messrs. Roger P. Marquis and Ralph S. Boyd, Attys., Dept. of Justice, were on the brief, for appellee.

Before WILBUR K. MILLER, FAHY and DANAHER, Circuit Judges.

FAHY, Circuit Judge.

Appellants in these consolidated appeals sued in the District Court to compel the Secretary of the Interior, appellee, to issue to them patents for tracts of public lands in the State of Washington described in the margin.1 They had selected these tracts to satisfy lieu selection rights which had accrued to their predecessors in title2 under the Act of July 1, 1898, 30 Stat. 597, 621. By...

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