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PLATEAU, INC. v. DEPARTMENT OF INTERIOR

No. 78-1415.

603 F.2d 161 (1979)

PLATEAU, INC., Appellee, v. DEPARTMENT OF the INTERIOR and Cecil D. Andrus, et al., Appellants.

United States Court of Appeals, Tenth Circuit.

Argued January 24, 1979.

Attorney(s) appearing for the Case

Anne S. Almy, Dept. of Justice, Washington, D. C. (with James W. Moorman, Asst. Atty. Gen., Washington, D. C., Victor R. Ortega, U. S. Atty., James B. Grant, Asst. U. S. Atty., Albuquerque, N. M., Edward J. Shawaker and Lawrence R. Liebesman, Dept. of Justice, Washington, D. C., on the brief), for appellants.

Edwin Jason Dryer, Washington, D. C. (with Mark K. Adams of Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N. M., on the brief), for appellee.

Before McWILLIAMS, DOYLE and McKAY, Circuit Judges.

McKAY, Circuit Judge.

The contest for available oil resources comes into focus in this dispute over the Secretary of Interior's scheme for distributing Federal royalty oil.1 Regulations promulgated by the Secretary provide that royalty oil will be sold only to refiners without adequate supplies of crude oil who are "small business enterprises" as defined by the Small Business Administration. 30 C.F.R. § 225.2 (1978). The applicable...

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