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MILLER v. UDALL

Nos. 16373, 16374.

307 F.2d 676 (1962)

Duncan MILLER, Appellant, v. Stewart L. UDALL, Secretary of the Interior, Appellee.

United States Court of Appeals District of Columbia Circuit.

July 26, 1962.

Petition for Rehearing Denied September 17, 1962.

Attorney(s) appearing for the Case

Mr. Chester C. Shore, Washington, D. C., for appellant.

Mr. Hugh Nugent, Atty., Dept. of Justice, of the bar of the Supreme Court of Missouri, pro hac vice, by special leave of court, with whom Mr. Ramsey Clark, Asst. Atty. Gen., Messrs. Roger P. Marquis and Walter H. Williams, Attys., Dept. of Justice, were on the brief, for appellee. Mr. S. Billingsley Hill and Robert S. Griswold, Jr., Attys., Dept. of Justice, also entered appearances for appellee.

Before WASHINGTON, BASTIAN and BURGER, Circuit Judges.

Petition for Rehearing En Banc Denied En Banc September 17, 1962.

BURGER, Circuit Judge.

Summary judgment for the Secretary of the Interior was granted in the District Court in a suit brought by the appellant to cancel certain leases to public lands issued by the Secretary under the Mineral Leasing Act of 1920, 41 Stat. 443, 74 Stat. 781 (1960), 30 U.S.C.A. § 226 (Supp.1961), and to have new leases for these same lands issued to the appellant.

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