FOSTER v. UDALL

No. 7667.

335 F.2d 828 (1964)

Katherine S. FOSTER and Brooke H. Duncan II, Appellants, v. Stewart L. UDALL, Secretary of the Interior, Chesley P. Seely, State Director for the State of New Mexico, Bureau of Land Management, Department of the Interior, and Douglas E. Henriques, Manager of the United States Land Office, Santa Fe, New Mexico Bureau of Land Management, Department of the Interior, Appellees.

United States Court of Appeals Tenth Circuit.

August 17, 1964.


Attorney(s) appearing for the Case

S. B. Christy IV, Roswell, N. M. (Hinkle, Bondurant & Christy, Roswell, N. M., with him on the brief), for appellants.

Grace Powers Monaco, Atty., Dept. of Justice, Washington, D. C. (Ramsey Clark, Asst. Atty. Gen., Washington, D. C., John Quinn, U. S. Atty., Albuquerque, N. M., John A. Babington, Asst. U. S. Atty., Albuquerque, N. M., S. Billingsley Hill, Atty., Dept. of Justice, Washington, D. C., with her on the brief), for appellees.

Before PICKETT, LEWIS and SETH, Circuit Judges.


SETH, Circuit Judge.

Appellants sought to enjoin the Secretary of the Interior and other officials in the Department from rejecting an offer for an oil and gas lease filed by appellants, and to enjoin the issuance of a lease on the same lands to other applicants. Appellants and appellees both filed motions for summary judgment. The trial court entered judgment on the motions against appellants, and they have appealed.

Under the Mineral Leasing Act of 1920...

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