BROWN v. UDALL

No. 18274.

335 F.2d 706 (1964)

Melvin A. BROWN, Appellant, v. Stewart L. UDALL, Secretary of the Interior, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 18, 1964.


Attorney(s) appearing for the Case

Mr. Max Barash, Washington, D. C., for appellant.

Mr. S. Billingsley Hill, Attorney, Department of Justice, with whom Asst. Atty. Gen. Ramsey Clark and Messrs. Roger P. Marquis and Thomas L. McKevitt, Attorneys, Department of Justice, were on the brief, for appellee.

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


WILBUR K. MILLER, Circuit Judge.

Under Section 17 of the Mineral Leasing Act of 1920, as amended in 1946, 60 STAT. 951, 30 U.S.C. § 226 (1958), the Secretary of the Interior is authorized to lease for oil and gas public lands believed to contain oil and gas which are not within any known geological structure of a producing oil or gas field. The Act provides that "the person first making application for the lease who is qualified to hold a lease under this Act...

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