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PAN AMERICAN PETROLEUM CORPORATION v. UDALL

No. 7878.

352 F.2d 32 (1965)

PAN AMERICAN PETROLEUM CORPORATION, a corporation, and Charles B. Gonsales, Appellants, v. Stewart L. UDALL, individually and as Secretary of the Department of the Interior, Washington, D. C., Michael T. Sloan, Individually and as Manager of the United States Land Office, Sante Fe, New Mexico, Bureau of Land Management, Department of the Interior: W. J. Anderson, Individually and as Acting State Director for the State of New Mexico, Bureau of Land Management, Department of the Interior: and Western Oil Fields, Inc., Appellees.

United States Court of Appeals Tenth Circuit.

November 8, 1965.

Attorney(s) appearing for the Case

Anthony J. Albert, Santa Fe, N. M., for appellant Charles B. Gonsales (Atwood & Malone, Roswell, N. M., for appellant Pan American Petroleum Corporation, with him on the brief).

Richard N. Countiss, Atty., Department of Justice (Edwin L. Weisl, Jr., Asst. Atty. Gen., John Quinn, U. S. Atty., John A. Babington, Asst. U. S. Atty., and S. Billingsley Hill, Atty., Department of Justice, were on the brief), for appellee Stewart L. Udall.

Thomas F. McKenna, Santa Fe, N. M., for appellee Western Oil Fields, Inc.

Before PICKETT and SETH, Circuit Judges, and CHRISTENSEN, District Judge.

CHRISTENSEN, District Judge.

The previously filed opinion is withdrawn.

This is an action in the nature of mandamus seeking judicial review of the final decision of the Secretary of the Interior, who in effect had denied appellant Gonsales oil and gas leases on the public domain pursuant to the Mineral Leasing Act, 30 U.S.C. §§ 181-236, and the pertinent Interior regulations 43 C.F.R. § 191 et seq. Competing applicants for the two leases originally...

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