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HUNTER v. MORTON

No. 75-1145.

529 F.2d 645 (1976)

Dan H. HUNTER and Mountain States Resources Corporation, Appellants, v. Rogers C. B. MORTON, Secretary of the Interior, Appellee.

United States Court of Appeals, Tenth Circuit.

Decided January 26, 1976.

Attorney(s) appearing for the Case

Michael R. Carlston, of Worsley, Snow & Christensen, Salt Lake City, Utah (Reed L. Martineau, Salt Lake City, Utah, with him on the brief), for appellants.

Glen R. Goodsell, Atty., Dept. of Justice (Wallace H. Johnson, Asst. Atty. Gen., and Jacques B. Gelin, Atty., Dept. of Justice, with him on the brief), for appellee.

Before PICKETT, SETH and McWILLIAMS, Circuit Judges.

SETH, Circuit Judge.

Appellant Hunter filed at the Land Office of the Bureau of Land Management at Salt Lake City three applications in proper form for coal prospecting permits on public lands pursuant to the Mineral Leasing Act, 30 U.S.C. § 201(b). Upon filing the applications were numbered U-5143, U-5144 and U-5145. In July 1968 the Manager of this Land Office acted upon applications U-5143 and U-5145. In each, a portion of the acreage included in the applications...

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