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STATE OF WYOMING v. UDALL

No. 9095.

379 F.2d 635 (1967)

The STATE OF WYOMING and Gulf Oil Corporation, a corporation, Appellants, v. Stewart L. UDALL, individually and as Secretary of the Interior, Ed Pierson, individually and as Supervisor for the State of Wyoming, Bureau of Land Management, Department of the Interior, David B. Morgan, Acting Manager, Oil and Gas, Cheyenne, Wyoming Land Office, Bureau of Land Management, Department of the Interior, and Union Pacific Railroad Company, a corporation, Appellees.

United States Court of Appeals Tenth Circuit.

June 14, 1967.

Attorney(s) appearing for the Case

Dean W. Borthwick, Atty. Gen., for State of Wyoming, appellant.

James B. Diggs and Roger K. Allen, Oklahoma City, Okl. (McClintock, Mai & Urbigkit, Cheyenne, Wyo., with them on the brief), for Gulf Oil Corp., appellant.

Edwin L. Weisl, Jr., Asst. Atty. Gen., Robert N. Chaffin, U. S. Atty., Thos. L. McKevitt, Roger P. Marquis, and Edmund B. Clark, Attys., Dept. of Justice, filed a brief on behalf of Stewart L. Udall, individually and as Secretary of the Interior, Ed Pierson, individually and as Supervisor for the State of Wyoming, Bureau of Land Management, Department of the Interior, David B. Morgan, Acting Manager, Oil and Gas, Cheyenne, Wyoming Land Office, Bureau of Land Management, Department of the Interior, appellees.

J. H. Anderson, Omaha, Neb. (F. J. Melia, Omaha, Neb., and E. T. Lazear, Cheyenne, Wyo., with him on the brief), for Union Pac. R. Co., appellee.

Before BREITENSTEIN and HILL, Circuit Judges, and BROWN, District Judge.

BREITENSTEIN, Circuit Judge.

The controversy relates to the ownership of oil and gas deposits underlying a railroad right-of-way across a school land section in Wyoming. The Secretary upheld the claim of the United States. The appellants-plaintiffs brought a mandamus action under 28 U.S.C. § 1361 to compel recognition of Wyoming's title asserted under the act admitting that state to the union and granting to it for school purposes certain sections of land including...

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