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SOUTHPORT LAND AND COMMERCIAL COMPANY v. UDALL

Nos. 20766, 20767.

371 F.2d 526 (1967)

SOUTHPORT LAND AND COMMERCIAL COMPANY, Appellant, v. Stewart UDALL, as Secretary of the Interior, Steve Kosanke and Beverly Kosanke, Appellees. SOUTHPORT LAND AND COMMERCIAL COMPANY, Appellant, v. KOSANKE SAND CORPORATION, Steve Kosanke, Beverly Kosanke and Dr. H. E. Kosanke, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied March 3, 1967.

Attorney(s) appearing for the Case

Thomas M. Jenkins, Theodore W. Phillips, of Hanson, Bridgett, Marcus & Jenkins, San Francisco, Cal., for appellant.

Edwin L. Weisl, Jr., Asst. Atty. Gen., Roger P. Marquis, Atty., A. Donald Mileur, Atty., Dept. of Justice, Washington, D. C., Cecil F. Poole, U. S. Atty., J. Harold Weise, Asst. U. S. Atty., San Francisco, Cal., for appellee, Stewart Udall, Sec. of Interior.

John M. Naff, Jr., of Brobeck, Phleger & Harrisson, San Francisco, Cal., for appellees, Kosanke Sand Corp. et al.

Before BROWNING and DUNIWAY, Circuit Judges, and BOLDT, District Judge.

PER CURIAM:

On April 25, 1883, appellant's predecessor in interest filed "Cash Coal Entry No. 13" under what is now 30 U.S.C. §§ 71-77 (1964) upon certain lands in Contra Costa County, California. The entry was cancelled by the Commissioner of the General Land Office on May 7, 1883.

On March 20, 1963, appellant requested the Secretary of Interior to make an adjudication under 43 U.S.C. §§ 1161-1164 (1964) that a patent should issue on Cash...

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