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MARATHON OIL CO. v. KLEPPE

No. 76-1230.

556 F.2d 982 (1977)

MARATHON OIL COMPANY, a corporation, Plaintiff-Appellee, v. Thomas S. KLEPPE, Secretary of the Interior, Vincent E. McKelvey, Director of United States Geological Survey, Department of the Interior, and C. J. Curtis, Area Oil and Gas Supervisor, United States Geological Survey, Department of the Interior, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided June 7, 1977.

Attorney(s) appearing for the Case

William H. Brown, Casper, Wyo. (Claude W. Martin, Brown, Drew, Apostolos, Barton & Massey and Morris G. Gray and David O. Cordell, Casper, Wyo., of Marathon Oil Co., on the brief), for plaintiff-appellee.

John J. Zimmerman, Dept. of Justice, Washington, D.C. (Peter R. Taft, Asst. Atty. Gen., and Edmund B. Clark and John E. Lindskold, Dept. of Justice, Washington, D.C., on the brief), for defendants-appellants.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.

McWILLIAMS, Circuit Judge.

Marathon Oil Company brought an action to set aside two decisions of the Secretary of the Interior, each of which precluded the counting, for royalty rate determination purposes, of water injection wells located outside the "participating areas." The trial court held that the decision in the Oregon Basin case was manifestly contrary to the applicable provisions of the unit agreement, and similarly...

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