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SOUTHWESTERN PETROLEUM CORPORATION v. UDALL

No. 8250.

361 F.2d 650 (1966)

SOUTHWESTERN PETROLEUM CORPORATION, a New Mexico corporation, Appellant, v. Stewart L. UDALL, Secretary of the Interior, W. J. Anderson, Acting State Director, State of New Mexico, Bureau of Land Management, Santa Fe, New Mexico, Michael T. Solan, Manager, United States Land Office, Bureau of Land Management, Santa Fe, New Mexico, Appellees.

United States Court of Appeals Tenth Circuit.

June 6, 1966.

Attorney(s) appearing for the Case

Thomas F. McKenna, Santa Fe, N. M. (McKenna & Sommer, Santa Fe, N. M., with him on the brief), for appellant.

S. Billingsley Hill, Atty., Dept. of Justice, Washington, D. C. (Edwin L. Weisl, Jr., Asst. Atty. Gen., John Quinn, U. S. Atty., John A. Babington, Asst. U. S. Atty., and Roger P. Marquis, Atty., Dept. of Justice, with him on the brief), for appellees.

Before PICKETT, HILL and SETH, Circuit Judges.

SETH, Circuit Judge.

Having exhausted its administrative remedies in its effort to have a federal oil and gas lease issued to it, Southwestern Petroleum Corporation sought relief in the federal court by filing this action against the federal officials concerned. Upon motion by both parties for summary judgment, the District Court for the District of New Mexico granted appellee Udall's motion, finding that Southwestern's right of statutory preference was cut off by...

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