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

D.C. Circuit

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

317 F.2d 595, 115 U.S. App. D.C. 184, 18 Oil & Gas Rep. 856, 1963 U.S. App. LEXIS 5478

CourtCourt of Appeals for the D.C. Circuit

DecidedApril 25, 1963

Docket17353

StatusPublished

This text of 317 F.2d 595 (Sheridan L. McGarry v. Stewart L. Udall, Secretary of the Interior) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Sheridan L. McGarry v. Stewart L. Udall, Secretary of the Interior, 317 F.2d 595, 115 U.S. App. D.C. 184, 18 Oil & Gas Rep. 856, 1963 U.S. App. LEXIS 5478 (D.C. Cir. 1963).

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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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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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317 F.2d 595, 115 U.S. App. D.C. 184, 18 Oil & Gas Rep. 856, 1963 U.S. App. LEXIS 5478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheridan-l-mcgarry-v-stewart-l-udall-secretary-of-the-interior-cadc-1963.

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