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BLUE v. McKAY

No. 12903.

232 F.2d 688 (1956)

Terry I. BLUE, Appellant, v. Douglas McKAY, Secretary of the Interior, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 12, 1956.

Attorney(s) appearing for the Case

Mr. Welburn Mayock, Washington, D. C., for appellant.

Mr. S. Billingsley Hill, Atty., Dept. of Justice, with whom Mr. Perry W. Morton, Asst. Atty. Gen., was on the brief, for appellee. Mr. Roger P. Marquis, Atty., Dept. of Justice, also entered an appearance for appellee.

Mr. Robert M. Vaughan, Washington, D. C., filed a brief on behalf of California Land Title Association, as amicus curiae, urging affirmance.

Before PRETTYMAN, FAHY and BASTIAN, Circuit Judges.

PER CURIAM.

Plaintiff (appellant) filed this proceeding praying for a judgment declaring that the United States is rightfully the owner of and has accepted ownership, by treaty and grant from the Republic of Mexico, of the minerals under certain lands in California ceded by the Treaty of Guadalupe Hidalgo, 9 Stat. 922 and that the Mineral Leasing Act of February 25, 1920, 41 Stat. 437, 30 U.S.C.A. § 182, as amended, be declared applicable to the right to develop...

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