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WILBUR v. U.S. EX REL. KRUSHNIC

No. 63.

280 U.S. 306 (1930)

50 S.Ct. 103

74 L.Ed. 445

WILBUR, SECRETARY OF THE INTERIOR, v. UNITED STATES EX REL. KRUSHNIC.

Supreme Court of United States.

Decided January 6, 1930.

Attorney(s) appearing for the Case

Mr. George C. Butte, Special Assistant to the Attorney General, with whom Solicitor General Hughes, and Mr. E.C. Finney, Solicitor, Department of the Interior, were on the brief, for petitioner.

Messrs. Langdon H. Larwill and Chester I. Long, with whom Messrs. Charles S. Thomas, Malcolm Lindsey, George K. Thomas, and Peter Q. Nyce were on the brief, for respondent.

MR. JUSTICE SUTHERLAND delivered the opinion of the Court.

The disposition of this case depends upon the construction and application of § 2324, R.S. (U.S.C. Title 30, § 28), and the effect upon its provisions of § 37 of the Mineral Leasing Act of February 25, 1920, c. 85, 41 Stat. 437, 451 (U.S.C. Title 30, § 193). Section 2324, R.S., which has its origin in § 5 of the Mining Act of 1872 (c. 152...

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