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WILLCOXSON v. UNITED STATES

Nos. 16713-16715.

313 F.2d 884 (1963)

Buck WILLCOXSON, Appellant, v. UNITED STATES of America et al., Appellees. Buck WILLCOXSON, Appellant, v. Stewart L. UDALL, Secretary of the Interior, et al., Appellees. Buck WILLCOXSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 4, 1963.

Attorney(s) appearing for the Case

Mr. John H. Pickering, Washington, D. C., with whom Messrs. Max O. Truitt, Jr., and Thomas G. Watkinson, Washington, D. C., were on the brief, for appellant.

Mr. S. Billingsley Hill, Atty., Dept. of Justice, with whom Ramsey Clark, Asst. Atty. Gen., Messrs. Roger P. Marquis and Ralph S. Boyd, Attys., Dept. of Justice, were on the brief, for appellee United States in Nos. 16713 and 16715, and appellee Udall in No. 16714.

Mr. Jack T. Conn, Ada, Okl., with whom Mr. William Amory Underhill, Washington, D. C., was on the brief, for appellee Kerr-McGee Oil Industries, Inc., in Nos. 16713 and 16714.

Before BAZELON, Chief Judge, and BURGER and WRIGHT, Circuit Judges.

BAZELON, Chief Judge.

These three consolidated actions, decided below on cross motions for summary judgment, involve construction of the "Isolated Tracts Act," Rev.Stat. § 2455, as amended, 43 U.S.C. § 1171 (1958), and the regulations thereunder, 43 CFR Part 250. The Act provides in substance that the Secretary of the Interior may sell at public auction any isolated or disconnected parcel of the public domain, not exceeding a specified size, which in his...

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