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IDEAL BASIC INDUSTRIES, INC. v. MORTON

No. 74-2298.

542 F.2d 1364 (1976)

IDEAL BASIC INDUSTRIES, INC., formerly known as Ideal Cement Company, Plaintiff-Appellant, v. Rogers C. B. MORTON, Individually and as Secretary of the Interior of the United States, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied November 16, 1976.

Attorney(s) appearing for the Case

Robert P. Davison (argued), of Holland & Hart, Denver, Colo., for plaintiff-appellant.

Carl Strass (argued), Dept. of Justice, Washington, D.C., for defendant-appellee.

Before DUNIWAY, TRASK and SNEED, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 16, 1976.

SNEED, Circuit Judge:

Ideal Basic Industries, Inc. (Ideal) appeals the granting by the district court of a motion for summary judgment made by the Secretary. Ideal in this action seeks relief from an adverse agency ruling which reversed an earlier administrative action favorable to a patent application filed by Ideal. The district court determined that Ideal had failed to exhaust its administrative...

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