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UNITED STATES v. SOUTHWEST POTASH CORPORATION

No. 7945.

352 F.2d 113 (1965)

UNITED STATES of America, Appellant, v. SOUTHWEST POTASH CORPORATION and American Surety Company of New York, Appellees.

United States Court of Appeals Tenth Circuit.

October 15, 1965.

Attorney(s) appearing for the Case

Roger P. Marquis, Atty., Dept. of Justice (J. Edwards Williams, Acting Asst. Atty. Gen., and John F. Quinn, Jr., U. S. Atty., with him on brief), for appellant.

William E. Willis, New York City (Iden & Johnson, Albuquerque, N. M., Sullivan & Cromwell and Anthony Chandler, New York City, with him on brief), for appellees.

Before MURRAH, Chief Judge, SETH, Circuit Judge, and TEMPLAR, District Judge.

MURRAH, Chief Judge.

This suit involves the interpretation of the royalty provisions of Department of Interior leases for the mining and production of potash deposits on public lands in New Mexico. The United States appeals from a summary judgment for the lessee-appellee construing the pertinent provisions contrary to the administrative construction and application. These leases were issued pursuant to the so-called Potassium Act of February 7, 1927, 44 Stat. 1057...

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