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BRENNAN v. UDALL

No. 8722.

379 F.2d 803 (1967)

C. W. BRENNAN, Appellant, v. Stewart L. UDALL, Secretary of the Interior, Appellee.

United States Court of Appeals Tenth Circuit.

June 22, 1967.

Attorney(s) appearing for the Case

Fred M. Winner, of Winner, Berge, Martin & Camfield, Denver, Colo. (John J. Wilson, of Whiteford, Hart, Carmody & Wilson, Washington, D. C., William S. Livingston, John D. Knodell, Denver, Colo., and William E. Rollow, Washington, D. C., with him on the brief), for appellant.

S. Billingsley Hill, Atty., Dept. of Justice, Washington, D. C. (Edwin L. Weisl, Jr., Asst. Atty. Gen., Lawrence M. Henry, U. S. Atty., and David I. Shedroff, Asst. U. S. Atty., with him on the brief), for appellee.

Before PICKETT and SETH, Circuit Judges, and CHRISTENSEN, District Judge.

PICKETT, Circuit Judge.

The appellant Brennan owns 160 acres of land in Rio Blanco County, Colorado, which, after having been classified as a valuable source of petroleum and nitrogen, was in 1917 patented to George H. Baxter, reserving to the United States "all the nitrate, oil, and gas in the lands", as required by 30 U.S.C. §§ 121-123.1 In 1963 Brennan, together with Humble Oil and Refining Company, holder of an option to...

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