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WINKLER v. ANDRUS

No. 77-1655.

594 F.2d 775 (1979)

Joseph A. WINKLER, Plaintiff-Appellant, v. Cecil ANDRUS, Secretary of the Interior, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided February 21, 1979.

Rehearing Denied April 27, 1979.

Attorney(s) appearing for the Case

Richard C. Dibblee, Salt Lake City, Utah (Brigham E. Roberts, Salt Lake City, Utah, on the brief), for plaintiff-appellant.

Joshua I. Schwartz, Appellate Section, U. S. Dept. of Justice (James W. Moorman, Asst. Atty. Gen., Washington, D. C., Charles E. Graves, U. S. Atty., Cheyenne, Wyo., and Carl Strass, Dept. of Justice, Washington, D. C., on brief), for defendant-appellee.

Before SETH, Chief Judge, and BREITENSTEIN and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This is a review of a decision of the Interior Board of Land Appeals, which was carried out pursuant to 5 U.S.C. § 701 et seq. of the Administrative Procedure Act.

The plaintiff-appellant, Joseph A. Winkler, maintains that he is entitled to have the decision of the Interior Board of Land Appeals, dated April 29, 1976, reversed. This body rejected an offer made by Winkler for an oil and gas lease for failure of Winkler...

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