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MILLER v. UDALL

No. 18732.

349 F.2d 193 (1965)

Duncan MILLER, Appellant, v. Stewart L. UDALL, Secretary of the Interior, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 30, 1965.

Attorney(s) appearing for the Case

Mr. Charles F. Wheatley, Jr., Washington, D. C., with whom Mr. Robert L. McCarty, Washington, D. C., was on the brief, for appellant.

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

Before BAZELON, Chief Judge, and FAHY and McGOWAN, Circuit Judges.

McGOWAN, Circuit Judge.

This appeal derives from the circumstances described in Robertson v. Udall, ___ U.S.App.D.C. ___, 349 F.2d 195. As indicated in that opinion, appellant was the unsuccessful lease applicant whose protests eventually led to the disqualification of the successful offerors.

When the drawing was held on October 1, 1958, the federal official immediately in charge was the manager of the local land office....

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