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UNITED STATES v. DEVONIAN GAS AND OIL COMPANY

No. 365, Docket 34067.

424 F.2d 464 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. DEVONIAN GAS AND OIL COMPANY, J. Cordell Moore, C. Walter Harris, Tom Black, Estate of Andrew W. Robertson, M. L. McCullough, Christopher W. Hurley, and Frederick J. Meyer, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 26, 1970.

On Rehearing April 8, 1970.

Attorney(s) appearing for the Case

George R. Hyde, Atty., Dept. of Justice, Washington, D. C. (Shiro Kashiwa, Asst. Atty. Gen., H. Kenneth Schroeder, Jr., U. S. Atty., C. Donald O'Connor, Asst. U. S. Atty., Buffalo, N. Y., S. Billingsley Hill and William F. Smith, Attys., Dept. of Justice, Washington, D. C., of counsel), for plaintiff-appellee.

Stephen H. Kelly, Buffalo, N. Y. (Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, N. Y., and John E. Dickinson, Buffalo, N. Y., of counsel), for defendants-appellants.

Before FRIENDLY, SMITH and ANDERSON, Circuit Judges.

FRIENDLY, Circuit Judge:

This appeal from an order of the District Court for the Western District of New York requires interpretation of § 5 of the Seneca Leasing Act of 1950, 64 Stat. 442, as applied to oil and gas leases executed by the Seneca Nation to the defendants in 1955. Although the question is close, our conclusion differs from that of the district court.

Some historical background is needed to place the issue in focus: Of their once vast holdings...

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