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WINKLER v. ANDRUS

Nos. 79-1965, 79-1988, 79-1993, 79-2171 and 79-2172.

614 F.2d 707 (1980)

Joseph A. WINKLER, Appellee and Cross-Appellant, v. Cecil ANDRUS, Secretary of the Interior, Appellant and Cross-Appellee, and Davis Oil Company and Marvin Davis, Intervenor-Appellant and Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided February 1, 1980.

Attorney(s) appearing for the Case

Richard C. Dibblee of Roberts, Black & Dibblee, Salt Lake City, Utah, for appellee and cross-appellant.

Joshua I. Schwartz, Dept. of Justice, Washington, D.C. (Sanford Sagalkin, Acting Asst. Atty. Gen., Washington, D.C., Charles Graves, U. S. Atty., Cheyenne, Wyo., Carl Strass and James Tomkovicz, Dept. of Justice, Washington, D.C., of counsel, William R. Murray, Jr., Dept. of the Interior, Washington, D.C., on brief), for appellant and cross-appellee.

Richard H. Bate of Schultz & Bate, Denver, Colo. (Richard F. Pickett and Henry F. Bailey, Jr. of Loomis, Lazear, Wilson & Pickett, Cheyenne, Wyo. and William A. MacNaughton, Gen. Counsel, Davis Oil Co., Houston, Tex., on brief), for intervenor-appellant and cross-appellee.

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

WILLIAM E. DOYLE, Circuit Judge.

These are consolidated appeals from a series of orders entered by the United States District Court for the District of Wyoming subsequent to a prior judgment in this same case which was rendered February 21, 1979. See Winkler v. Andrus, 594 F.2d 775 (10th Cir. 1979). The cited case was one in which the parties were Joseph A. Winkler and the Secretary of the Interior. The controversy pertained...

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