PORTER v. RESOR

No. 72-68.

415 F.2d 764 (1969)

Don Irving PORTER, Executor of the Estate of John Prather, Deceased, Appellant, v. Honorable Stanley R. RESOR, Secretary of the Department of the Army, Appellee.

United States Court of Appeals Tenth Circuit.

August 13, 1969.


Attorney(s) appearing for the Case

Thomas F. McKenna, of McKenna, Sommer & Lawler, Santa Fe, N. M., for appellant.

Frank B. Friedman, Dept. of Justice, Washington, D. C. (Glen E. Taylor, Acting Asst. Atty. Gen., John Quinn, U. S. Atty., Ruth C. Streeter, Asst. U. S. Atty., S. Billingsley Hill, and Robert S. Lynch, Attys., Dept. of Justice, with him on the brief), for appellee.

Before BREITENSTEIN, SETH and HICKEY, Circuit Judges.


PER CURIAM.

This action was commenced in the United States District Court for the District of New Mexico following an administrative decision by the Secretary of the Department of the Army that the appellant executor was not entitled to compensation under the Taylor Grazing Act (43 U.S.C. § 315q) for a reduction in the decedent's grazing permit caused by the Army's taking of some of the public domain covered by the permit.

The record shows that the number...

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