U.S. Court of Appeals for the D.C. Circuit, 1963

Sheridan L. McGarry v. Stewart L. Udall, Secretary of the Interior

Sheridan L. McGarry v. Stewart L. Udall, Secretary of the Interior
U.S. Court of Appeals for the D.C. Circuit · Decided April 25, 1963 · Washington, Danaher, Wright
317 F.2d 595; 115 U.S. App. D.C. 184; 18 Oil & Gas Rep. 856; 1963 U.S. App. LEXIS 5478 (Federal Reporter, Second Series)

Sheridan L. McGarry v. Stewart L. Udall, Secretary of the Interior

Opinion

PER CURIAM.

This case arises under the Mineral Leasing Act of 1920, 41 Stat. 437, as amended, 30 U.S.C. § 181 et seq. (1958). The issues presented are similar in some respects to those raised in Thor-Westcliffe Development, Inc. v. Udall, 114 U.S. App.D.C. -, 314 F.2d 257 (1963), though the present case involves regulations ' antedating those there discussed. Plaintiff-appellant, contending that he was the first qualified applicant for a lease on certain premises, brought suit in the United States District Court for the District of Columbia to review the decision of the Secretary of the Interior, which was unfavorable to him. The facts and the applicable statutes and regulations are set forth in the opinion of District Judge Tamm, filed August 14, 1962. See D.C., 216 F.Supp. 314. We find no error.

The judgment of the District Court, granting the Secretary’s motion for summary judgment, will be

Affirmed.

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