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ATLANTIC RICHFIELD COMPANY v. HICKEL

No. 671-69.

432 F.2d 587 (1970)

ATLANTIC RICHFIELD COMPANY, Plaintiff-Appellant, v. Walter J. HICKEL, Secretary of the Interior, and C. J. Curtis, Regional Oil and Gas Supervisor, United States Geological Survey, Casper, Wyoming, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 13, 1970.

Attorney(s) appearing for the Case

Robert A. Dick, of Akolt, Shepherd, Dick & Rovira, Denver, Colo. (Stuart S. Gunckel, of Akolt, Shepherd, Dick & Rovira, Denver, Colo., A. G. McClintock, of McClintock, Mai & Urbigkit, Cheyenne, Wyo., Rex Short, Tulsa, Okl., and James Patrick Miller, Denver, Colo., on the brief) for appellant.

George R. Hyde, Atty., Dept. of Justice, Washington, D. C. (Shiro Kashiwa, Asst. Atty. Gen., Richard V. Thomas, U. S. Atty., Edmund B. Clark and Thomas L. McKevit, Attys., Dept. of Justice, on the brief) for appellees.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.

HILL, Circuit Judge.

This case is on appeal from an order granting the Secretary's motion for summary judgment. That order sustained an earlier administrative determination by the Department of the Interior that Atlantic Richfield Company1 was not entitled to the flat 12½ percent royalty rate granted by 30 U.S.C. § 226c. The judgment, by denying Atlantic the benefit of the section 226c reduced rate, required payment of $3,209...

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