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HANNIFIN v. MORTON

No. 202-70.

444 F.2d 200 (1971)

D. L. HANNIFIN, on behalf of himself and all others similarly situated, Appellant, v. Rogers C. B. MORTON, Secretary of the Interior, and Michael T. Solan, Manager of the New Mexico Land Office, Bureau of Land Management, Santa Fe, New Mexico, Appellees.

United States Court of Appeals, Tenth Circuit.

June 9, 1971.

Attorney(s) appearing for the Case

George H. Hunker, Jr., Roswell, N.M., Lyle E. Teutsch, Jr., and Roy G. Hill, Santa Fe, N.M., for appellant.

Shiro Kashiwa, Asst. Atty. Gen., and Victor R. Ortega, U. S. Atty. (Raymond N. Zagone and Dirk D. Snel, Attys., Dept. of Justice, on the brief), for appellees.

Before LEWIS, Chief Judge, and McWILLIAMS and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

In the case now before us on appeal, the appellant had filed an action against the Secretary of Interior and the Manager of the New Mexico Land Office, seeking declaratory and injunctive relief in respect to the enforcement of a regulation imposing a 25 cent per acre rental as a condition to the issuance of a prospecting permit on sulphur lands. The District Court entered a summary judgment dismissing the cause of action and upholding...

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