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SHELL OIL CO. v. ANDRUS

No. 77-1346.

591 F.2d 597 (1979)

SHELL OIL COMPANY and D. A. Shale, Inc., Plaintiffs-Appellees, v. Cecil D. ANDRUS, Secretary of the Interior, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 25, 1979.

Attorney(s) appearing for the Case

Robert L. Klarquist, Atty., Dept. of Justice, Washington, D. C. (Sanford Sagalkin, Acting Asst. Atty. Gen., Washington, D. C., Cathlin Donnell, U. S. Atty., Albert V. Witham, Sp. Asst. U. S. Atty., Denver, Colo., and Edmund B. Clark, Atty., Dept. of Justice, Washington, D. C., with him on brief), for defendant-appellant.

Fowler Hamilton, of Cleary, Gottlieb, Steen & Hamilton, New York City (H. Michael Spence, of Mosley, Wells & Spence, Denver, Colo., Richard W. Hulbert of Cleary, Gottlieb, Steen & Hamilton, New York City and Donald L. Morgan, of Cleary, Gottlieb, Steen & Hamilton, Washington, D. C., with him on brief), for plaintiff-appellee, Shell Oil Co.

Claron C. Spencer of Senior & Senior, Salt Lake City, Utah (Norma L. Comstock, Denver, Colo., with him on brief), for plaintiff-appellee, D. A. Shale, Inc.

Robert B. Hansen, Atty. Gen., Michael L. Deamer, Deputy Atty. Gen. and Paul E. Reimann, Asst. Atty. Gen., Salt Lake City, Utah, on brief for amicus curiae, State of Utah.

Before SETH, Chief Judge, and LOGAN, Circuit Judge, and STANLEY, District Judge.

SETH, Chief Judge.

The Secretary of the Interior issued in September of 1964 an administrative complaint asserting that the shale oil placer mining claims here in issue were invalid. The grounds advanced for the contest were that they did not contain valuable minerals on February 25, 1920, nor do such minerals now exist on the claims. There were also applications for patent then pending. The contest proceedings were heard over a five-month period by Administrative...

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