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UDALL v. OELSCHLAEGER

No. 21127.

389 F.2d 974 (1968)

Stewart L. UDALL, Secretary of the Interior, and Karl E. Landstrom, Director, Bureau of Land Management, Appellants, v. Richard L. OELSCHLAEGER, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 23, 1968.

Attorney(s) appearing for the Case

Mr. John G. Gill, Jr., Attorney, Department of Justice, with whom Asst. Atty. Gen. Edwin L. Weisl, Jr., Acting Asst. Atty. Gen. J. Edward Williams and Mr. Roger P. Marquis, Attorney, Department of Justice, were on the brief, for appellants.

Mr. James W. McDade, Washington, D. C., with whom Mr. Samuel W. McIntosh, Washington, D. C., was on the brief, for appellee.

Before BURGER, WRIGHT and McGOWAN, Circuit Judges.

McGOWAN, Circuit Judge:

Appellee sued in the District Court to compel the issuance to him of a final certificate and patent with respect to a homestead upon which he had made entry. The District Court, hearing the case on cross-motions for summary judgment, denied both without opinion, but remanded the case to the Interior Department on terms which in substance gave appellee the relief he sought. Appellants assert upon this appeal that neither of the two possible...

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