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HICKEL v. OIL SHALE CORP.

No. 25.

400 U.S. 48 (1970)

HICKEL, SECRETARY OF THE INTERIOR v. OIL SHALE CORP. ET AL.

Supreme Court of United States.

Decided December 8, 1970

Attorney(s) appearing for the Case

Peter L. Strauss argued the cause for petitioner. With him on the briefs were Solicitor General Griswold, Assistant Attorney General Kashiwa, S. Billingsley Hill, Thos. L. McKevitt, and Edmund B. Clark.

Fowler Hamilton argued the cause for respondents. With him on the briefs for respondents Oil Shale Corp. et al. were Richard W. Hulbert and Donald L. Morgan. John D. Knodell, Jr., Fred M. Winner, and Warren O. Martin filed a brief for respondents Umpleby et al.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

This case involves six groups of claims to oil shale located in Colorado and asserted under the General Mining Act of 1872, 17 Stat. 91, now 30 U. S. C. §§ 22, 26, 28, and 29. Section 28 provides that until a patent issued "not less than $100 worth of labor shall be performed or improvements made during each year."1 And § 29

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