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UDALL v. OIL SHALE CORPORATION

Nos. 9581-9584.

406 F.2d 759 (1969)

Stewart L. UDALL, Secretary of the Interior, Appellant, v. The OIL SHALE CORPORATION et al., Appellees. Stewart L. UDALL, Secretary of the Interior, Appellant, v. Joseph B. UMPLEBY et al., Appellees. Stewart L. UDALL, Secretary of the Interior, Appellant, v. Barnette T. NAPIER et al., Appellees. Stewart L. UDALL, Secretary of the Interior, Appellant, v. Penelope Chase BROWN et al., Appellees.

United States Court of Appeals Tenth Circuit.

February 4, 1969.

Attorney(s) appearing for the Case

Edmund B. Clark, Atty., Dept. of Justice, Washington, D. C. (Harold S. Harrison, Acting Asst. Atty. Gen., Lawrence M. Henry, U. S. Atty., Roger P. Marquis and Thos. L. McKevitt, Attys., Dept. of Justice, Washington, D. C., with him on the brief), for appellant.

Fowler Hamilton, New York City, for appellees, The Oil Shale Corp., and others, and Penelope Chase Brown, and others.

Fred M. Winner, Denver, Colo., for appellees, Joseph B. Umpleby, and others.

Karl Ranous, Denver, Colo., for appellees, Barnette T. Napier, and others (Tweedy, Mosley & Young, Denver, Colo., and Cleary, Gottlieb, Steen & Hamilton, New York City, with them on the brief).

Before PHILLIPS, HILL and SETH, Circuit Judges.

SETH, Circuit Judge.

These are appeals in four consolidated cases wherein the United States District Court for the District of Colorado entered judgments for the plaintiffs. These plaintiffs were asserting that the Secretary of the Interior had no authority to deny applications for patents for oil shale mining claims on the ground that assessment work had not been done, or on the ground that the claims had previously been...

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