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PAYNE v. NEW MEXICO

No. 128.

255 U.S. 367 (1921)

41 S.Ct. 333

65 L.Ed. 680

PAYNE, SECRETARY OF THE INTERIOR, ET AL. v. STATE OF NEW MEXICO.

Supreme Court of United States.

Decided March 7, 1921.

Attorney(s) appearing for the Case

Mr. Assistant Attorney General Nebeker, with whom Mr. H.L. Underwood, Special Assistant to the Attorney General, was on the brief, for appellants.

Mr. Patrick H. Loughran for appellee.

MR. JUSTICE VAN DEVANTER delivered the opinion of the court.

This is a suit by the State of New Mexico to enjoin the Secretary of the Interior and the Commissioner of the General Land Office from canceling or annulling a lieu land selection of that State under a mistaken conception of their power and duty. A hearing on the bill and answer resulted in a decree for the State, which the Court of Appeals affirmed, 49 App. D.C. 80; 258 Fed. Rep. 980, and the defendants...

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