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Work v. United States ex Rel. Chestatee Pyrites, 267 U.S. 185 (1925)

Work v. United States ex Rel. Chestatee

Pyrites & Chemical Corporation

No. 401

Argued November 26, 1924

Decided March 2, 1925

267 U.S. 185


1. Where the answer of an officer to a petition for a mandamus shows clearly that the claim sought to be enforced was considered and denied by him, the writ, if granted on demurrer to the answer, cannot be sustained as merely requiring that he take jurisdiction to decide the claim. See P. 267 U. S. 186.

2. Under § 5 of the Dent Act, a decision of the Secretary of the Interior that interest paid on capital borrowed is not part of the net losses incurred by a claimant for and in the production of mineral is a discretionary decision not reviewable by mandamus. Work v. Rives, ante, p. 267 U. S. 175. P. 267 U. S. 187.

54 App.D.C. 380, 298 F. 839, reversed.

Appeal from a judgment in the Court of Appeals of the District of Columbia which affirmed a judgment of the Supreme Court of the District, in mandamus, requiring

Page 267 U. S. 186

the Secretary of the Interior to consider and allow a claim for interest under the Dent Act.

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