ALBRECHTSEN v. ANDRUS

No. 76-1552.

570 F.2d 906 (1978)

Ray H. ALBRECHTSEN and Mountain States Resources Corporation, Plaintiffs-Appellees, v. Cecil ANDRUS, Secretary of the Interior, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided February 15, 1978.


Attorney(s) appearing for the Case

Michael R. Carlston, Salt Lake City, Utah (Reed L. Martineau and Craig S. Cook of Worsley, Snow & Christensen, Salt Lake City, Utah, on the brief), for plaintiffs-appellees.

Glen R. Goodsell, Atty., Dept. of Justice, Washington, D. C. (Peter R. Taft, Asst. Atty. Gen., Washington, D. C., Ramon M. Child, U. S. Atty., Brent Ward, Asst. U. S. Atty., Salt Lake City, Utah, and Raymond N. Zagone and Jacques B. Gelin, Attys., Dept. of Justice, Washington, D. C., on the brief), for defendant-appellant.

Before McWILLIAMS, BREITENSTEIN and BARRETT, Circuit Judges.


McWILLIAMS, Circuit Judge.

This is an appeal by the Secretary of the Interior from a judgment of the trial court directing the Secretary to reinstate certain applications for coal prospecting permits which had previously been rejected by the Secretary under the Mineral Leasing Act of 1920, as amended, 30 U.S.C. § 201(b).

In 1968, Ray H. Albrechtsen filed five applications for coal prospecting permits with the Department of the Interior, the applications...

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