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CHAMPION OIL CO., INC. v. HERBERT

No. 3385.

578 P.2d 961 (1978)

CHAMPION OIL COMPANY, INC., an Alaska Corporation, Appellant, v. Charles F. HERBERT, Commissioner and Thomas E. Kelly, Former Commissioner, Department of Natural Resources, F. J. Keenan, Director of Division of Lands, and the State of Alaska, Appellees.

Supreme Court of Alaska.

May 5, 1978.

Attorney(s) appearing for the Case

Ty R. Settles, Anchorage, for appellant.

Jeffrey B. Lowenfels, Asst. Atty. Gen., Anchorage, and Avrum M. Gross, Atty. Gen., Juneau, for appellees.

Before BOOCHEVER, Chief Justice, RABINOWITZ, CONNOR and MATTHEWS, Justices, and DIMOND, Justice Pro Tem.

OPINION

RABINOWITZ, Justice.

This appeal has its genesis in the 23rd Competitive Oil and Gas Lease Sale which was conducted by the State of Alaska in September 1969.1 In relevant part, the pertinent notice of sale provided:

A lease will be awarded on each tract to the responsible qualified bidder offering the highest cash bonus for that tract unless all bids on the tract are rejected or

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