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GABBS EXPLORATION COMPANY v. UDALL

No. 16803.

315 F.2d 37 (1963)

GABBS EXPLORATION COMPANY, Appellant, v. Stewart L. UDALL, Secretary of the Interior.

United States Court of Appeals District of Columbia Circuit.

Decided February 14, 1963.

Petition for Rehearing Denied March 26, 1963.

Attorney(s) appearing for the Case

Mr. Frederick Bernays Wiener, Washington, D. C., with whom Mr. Fred H. Evans, Salt Lake City, Utah, was on the brief, for appellant.

Mr. Thomas L. McKevitt, Atty., Dept. of Justice, with whom Asst. Atty. Gen. Ramsey Clark, and Messrs. Roger P. Marquis and Harold S. Harrison, Attys., Dept. of Justice, were on the brief, for appellee. Mr. S. Billingsley Hill, Atty., Dept. of Justice, also entered an appearance for appellee.

Before WILBUR K. MILLER, BASTIAN and BURGER, Circuit Judges.

Petition for Rehearing En Banc Denied En Banc March 26, 1963.

BASTIAN, Circuit Judge.

This is an appeal from a judgment of the District Court dismissing plaintiff's [appellant's] complaint for declaratory judgment and for "relief in the nature of mandamus." The plaintiff sought a judgment declaring invalid two contest proceedings involving property hereinafter referred to; a judgment that the decisions of defendant's [appellee's] predecessor cancelling certain...

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