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BALLARD E. SPENCER TRUST, INC. v. MORTON

No. 75-1841.

544 F.2d 1067 (1976)

BALLARD E. SPENCER TRUST, INC., a corporation, Appellant, v. Rogers C. B. MORTON, Secretary of the Interior, et al., Appellees.

United States Court of Appeals, Tenth Circuit.

Decided November 22, 1976.

Attorney(s) appearing for the Case

A. J. Losee, of Losee & Carson, Artesia, N. M., for appellant.

Maryann Walsh, Dept. of Justice, Washington, D. C. (Peter R. Taft, Asst. Atty. Gen., Washington, D. C., Victor R. Ortega, U. S. Atty., Albuquerque, N. M., James B. Grant, Asst. U. S. Atty., Albuquerque, N. M., and George R. Hyde, Atty., Dept. of Justice, Washington, D. C., with her on the brief), for appellees.

Before SETH, BARRETT and DOYLE, Circuit Judges.

PER CURIAM.

This is an appeal from a summary judgment which upheld the determination by the Interior Board of Land Appeals that the offer filed by the Ballard E. Spencer Trust, Inc. ("BEST") for an oil and gas lease was properly rejected for failure to comply with federal regulations governing its submission.

On February 19, 1974, the Bureau of Land Management published a Notice of Lands Available for Oil and Gas...

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