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PACIFIC OIL COMPANY v. UDALL

No. 9852.

406 F.2d 452 (1969)

PACIFIC OIL COMPANY, Appellant, v. Stewart L. UDALL, Secretary of the Interior of the United States, Appellee.

United States Court of Appeals Tenth Circuit.

February 4, 1969.

Attorney(s) appearing for the Case

Peter H. Holme, Jr., Denver, Colo. (Holme, Roberts & Owen, A. Edgar Benton, and Jeffrey H. Sachs, Denver, Colo., with him on the brief), for appellant.

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

Before PHILLIPS, HILL and SETH, Circuit Judges.

SETH, Circuit Judge.

The plaintiff brought this action as the owner of a number of unpatented mining claims against the Secretary of the Interior to set aside his adverse rulings on patent applications it had filed for the claims, and to cause patents to issue. The trial court refused plaintiff relief and this appeal was taken.

The issues concern the Secretary's refusal to consider applications for patent filed in 1952 and 1953 for two groups of oil shale...

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