THOR-WESTCLIFFE DEVELOPMENT, INC. v. UDALL

No. 17101.

314 F.2d 257 (1963)

THOR-WESTCLIFFE DEVELOPMENT, INC., Appellant, v. Stewart L. UDALL, Secretary of the Interior, and Karl S. Landstrom, Director, Bureau of Land Management, Appellees, R. E. Boyle, Intervenor-Defendant Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 24, 1963.


Attorney(s) appearing for the Case

Mr. Thomas F. McKenna, Santa Fe, N. M., with whom Mr. James T. McNelis, Washington, D. C., was on the brief, for appellant. Mr. Joseph A. Sommer, Santa Fe, N. M., also entered an appearance for appellant.

Mr. A. Donald Mileur, Atty., Dept. of Justice, with whom Asst. Atty. Gen. Ramsey Clark and Messrs. Roger P. Marquis and Ralph S. Boyd, Attys., Dept. of Justice, were on the brief, for appellees Udall and Landstrom.

Mr. Lewis E. Hoffman, Washington, D. C., with whom Mr. Leon BenEzra, Washington, D. C., was on the brief, for appellee Boyle.

Before WASHINGTON, Circuit Judge, BELL, Circuit Judge for the Fourth Circuit, and WRIGHT, Circuit Judge.


J. SKELLY WRIGHT, Circuit Judge.

Section 17 of the Mineral Leasing Act of 19201 provides that public lands "not within any known geological structure of a producing oil or gas field" shall be leased "to the person first making application" at not less than fifty cents per acre. In an effort to eliminate the chaos which sometimes resulted from competition among applicants to be literally the "person...

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