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McGARRY v. UDALL

No. 17353.

317 F.2d 595 (1963)

Sheridan L. McGARRY, Appellant, v. Stewart L. UDALL, Secretary of the Interior, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 25, 1963.

Attorney(s) appearing for the Case

Mr. Sheridan L. McGarry, Salt Lake City, Utah, appellant pro se, with whom Mr. Richard Henry Speidel, Washington, D. C., was on the brief, 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 appellee.

Before WASHINGTON, DANAHER and WRIGHT, Circuit Judges.

PER CURIAM.

This case arises under the Mineral Leasing Act of 1920, 41 Stat. 437, as amended, 30 U.S.C. § 181 et seq. (1958). The issues presented are similar in some respects to those raised in Thor-Westcliffe Development, Inc. v. Udall, 114 U.S. App.D.C. ____, 314 F.2d 257 (1963), though the present case involves regulations antedating those there discussed. Plaintiff-appellant, contending that he was the first qualified applicant...

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