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FRESH v. UDALL

Civ. A. No. 7998.

228 F.Supp. 738 (1964)

Donald D. FRESH, Jacob H. Deterts a/k/a Jake H. Deterts, Basil B. Fresh and Jack L. Fresh, Plaintiffs, v. Stewart L. UDALL, Secretary of the Interior, Defendant, City and County of Denver, acting by and through its Board of Water Commissioners, Additional Defendant.

United States District Court D. Colorado.

April 22, 1964.

Attorney(s) appearing for the Case

Carl H. Noel, and Howard K. Phillips, Denver, Colo., for plaintiffs; Lawrence M. Henry, U. S. Atty., for the District of Colorado, Arthur L. Fine, Asst. U. S. Atty., Denver, Colo., for Stewart L. Udall, Secretary of the Interior.

Wayne J. Fowler, Denver, Colo., for City and County of Denver.

DOYLE, District Judge.

This action was instituted against the Secretary of the Interior pursuant to Section 10 of the Administrative Procedure Act (Title 5 U.S.C. § 1009), seeking a declaratory judgment pursuant to Title 28 U.S.C. §§ 2201, 2202.

It is alleged that the Secretary unlawfully and arbitrarily refused to issue a mineral patent applied for by plaintiffs. The mining claims in question are described as Lots 2 and 5, Section 19, Township...

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