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BOESCHE v. UDALL

No. 332.

373 U.S. 472 (1963)

BOESCHE, ADMINISTRATOR, v. UDALL, SECRETARY OF THE INTERIOR.

Supreme Court of United States.

Decided May 27, 1963.

Attorney(s) appearing for the Case

Leon BenEzra argued the cause for petitioner. With him on the briefs was Lewis E. Hoffman.

Solicitor General Cox argued the cause for respondent. With him on the brief were Louis F. Claiborne, Roger P. Marquis and A. Donald Mileur.

Scott A. Pfohl, A. G. McClintock, V. P. Cline, Clinton D. Vernon, J. E. Horigan, A. T. Smith, Clair M. Senior and L. C. White filed a brief for the Rocky Mountain Oil & Gas Association et al., as amici curiae, urging reversal.

MR. JUSTICE HARLAN delivered the opinion of the Court.

The question presented in this case is whether the Secretary of the Interior has authority to cancel in an administrative proceeding a lease of public lands issued under the provisions of the Mineral Leasing Act of 1920. 30 U. S. C. §§ 181 et seq., in circumstances where such lease was granted in violation of the Act and regulations promulgated thereunder. Because of a seeming conflict in principle...

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