McTIERNAN v. FRANKLIN

No. 74-1266.

508 F.2d 885 (1975)

J. W. McTIERNAN, Plaintiff-Appellant, v. Marvin FRANKLIN, Acting Secretary of the Interior of the United States of America, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided January 7, 1975.


Attorney(s) appearing for the Case

Jay R. Bond, Oklahoma City, Okl., for plaintiff-appellant.

George Verity, Oklahoma City, Okl. (David T. Burleson, El Paso, Tex., on the brief), for defendants-appellees El Paso Nat. Gas Co., Inexco Oil Co., Getty Oil Co., Freeport Oil Co. and R. G. Anderson.

Peter B. Bradford, Oklahoma City, Okl. (Ray G. Moss, Oklahoma City, Okl., on the brief), for defendant-appellee Northern Nat. Gas Co.

Dirk D. Snel, Dept. of Justice, Washington, D. C. (Wallace H. Johnson, Asst. Atty. Gen., William R. Burkett, U. S. Atty., James M. Peters, Asst. U. S. Atty., Oklahoma City, Okl., Edmund B. Clark, Dept. of Justice, on the brief), for defendant-appellee Secretary of the Interior.

Richard L. Dugger, Dist. Atty., Sayre, Okl., for defendant-appellee Bd. of County Commissioners of Roger Mills County, Oklahoma.

Wallace E. Robertson, Oklahoma City, Okl., for defendant-appellee, Statex Petroleum, Inc.

Before MURRAH, HILL and HOLLOWAY, Circuit Judges.


HILL, Circuit Judge.

This action results from a Board of Land Appeals' (Board) rejection of certain non-competitive oil and gas lease offers because of uncertain title. The applicant, J. W. McTiernan, filed suit in the United States District Court for the Western District of Oklahoma seeking, by amended pleadings, reversal of the Board's decision and an order directing it to reconsider the lease offers on the basis that the United States owned the minerals in question...

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