No. 79-260.

445 U.S. 715 (1980)


Supreme Court of United States.

Decided April 16, 1980.

Attorney(s) appearing for the Case

Stuart A. Smith argued the cause for petitioner. On the brief were Solicitor General McCree, Assistant Attorney General Moorman, Deputy Solicitor General Claiborne, William Alsup, Jacques B. Gelin, and Edward J. Shawaker.

David H. Leroy, Attorney General of Idaho, argued the cause for respondents. With him on the brief were W. Hugh O'Riordan and Josephine P. Beeman, Deputy Attorneys General.*

MR. JUSTICE WHITE delivered the opinion of the Court.

The Carey Act of 1894, ch. 301, § 4, 28 Stat. 422, 43 U. S. C. § 641, "to aid public-land States" in the reclamation of desert lands, authorizes the Secretary of the Interior upon proper application "to contract and agree, from time to time . . . binding the United States to donate, grant, and patent" such desert lands, not exceeding a specified acreage, as the...

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