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UDALL v. KING

No. 16859.

308 F.2d 650 (1962)

Stewart L. UDALL, Secretary of the Interior, Appellant, v. John J. KING, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided September 27, 1962.

Attorney(s) appearing for the Case

Mr. Thomas L. McKevitt, Atty., Dept. of Justice, with whom Asst. Atty. Gen. Clark and Mr. Roger P. Marquis, Atty., Dept. of Justice, were on the brief, for appellant.

Mr. James S. Holmberg, Denver, Colo., of the bar of the Supreme Court of Colorado, pro hac vice, by special leave of court, with whom Mr. Richard H. Speidel, Washington, D. C., was on the brief, for appellee.

Before BAZELON, BURGER and WRIGHT, Circuit Judges.

BAZELON, Circuit Judge.

On the authority of our decision in Barash v. Seaton, 103 U.S.App.D.C. 159, 256 F.2d 714 (1958), the District Court granted summary judgment requiring the Secretary of the Interior, our appellant, to issue a non-competitive oil and gas lease to our appellee, King, on certain lands of the public domain. We think that case clearly distinguishable and that appellant is...

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