McKENNA v. UDALL

No. 21915.

418 F.2d 1171 (1969)

Elgin A. McKENNA, as Executrix of the Estate of Patrick A. McKenna, Deceased, Appellant, v. Stewart L. UDALL, Secretary of the Interior, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 10, 1969.


Attorney(s) appearing for the Case

Mr. Milo G. Coerper, Washington, D. C., for appellant.

Mr. William M. Cohen, Atty., Department of Justice, with whom Asst. Atty. Gen. Clyde O. Martz, Messrs. Roger P. Marquis and Herbert Pittle, Attys., Department of Justice, were on the brief, for appellee. Mr. S. Billingsley Hill, Atty., Department of Justice, also entered an appearance for appellee.

Mr. Stanley D. Robinson, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, for Texaco, Inc., as amicus curiae. Mr. William C. Weitzel, Jr., New York City, was on the brief for Texaco, Inc., as amicus curiae, urging affirmance. Mr. William E. Rollow, Washington D. C., also entered an appearance for Texaco, Inc., as amicus curiae.

Before BAZELON, Chief Judge, BURGER and McGOWAN, Circuit Judges.


McGOWAN, Circuit Judge:

The parties being in agreement in the District Court that there were no disputed issues of fact, the case was disposed of on cross-motions for summary judgment, and the complaint dismissed. In support of this judgment here, appellee urges not only that the result so reached reflects an accute appraisal of the merits of the controversy but also that it is warranted by the absence in this litigation...

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