OIL SHALE CORPORATION v. MORTON

Nos. C-8680, C-8685, C-8691, C-9202.

370 F.Supp. 108 (1973)

The OIL SHALE CORPORATION and Energy Resources Technology Land, Inc., Plaintiffs, v. Rogers C. B. MORTON, Secretary of the Interior, Defendant. Joseph B. UMPLEBY et al., Plaintiffs, v. Rogers C. B. MORTON, Secretary of the Interior, Defendant. Barnette T. NAPIER et al., Plaintiffs, v. Rogers C. B. MORTON, Secretary of the Interior, Defendant. Penelope Chase BROWN et al., Plaintiffs, v. Rogers C. B. MORTON, Secretary of the Interior, Defendant.

United States District Court, D. Colorado.

December 19, 1973.


Attorney(s) appearing for the Case

Warren O. Martin, Denver, Colo., for plaintiffs in C-8685.

Samuel R. Freeman, Denver, Colo., for plaintiffs in C-8691.

Fowler Hamilton, Richard W. Hulbert, New York City, James B. Dean, Denver, Colo., Donald L. Morgan, Washington, D. C., for plaintiffs in C-8680 and C-9202.

Thomas L. McKevitt, Atty., Dept. of Justice, Washington, D. C., John R. Little, Jr., Acting Regional Sol., Lowell Madsen, Dept. of Interior, Denver, Colo., for defendant.


MEMORANDUM OPINION AND ORDER

FINESILVER, District Judge.

These cases concern the present validity of certain oil shale claims located on the Colorado Western Slope. The Department of the Interior refused to issue mineral patents to the claim owners, asserting that the claims were declared void in Departmental contest proceedings some forty years ago. The claimants contend that the Department erred in denying patents on this basis, since the contest proceedings...

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