ENVIRONMENTAL DEFENSE FUND, INC. v. ANDRUS

No. 78-1809.

619 F.2d 1368 (1980)

ENVIRONMENTAL DEFENSE FUND, INC.; Colorado Open Space Council, Inc.; and Friends of the Earth, Inc., Plaintiffs-Appellants, v. Cecil D. ANDRUS, as Secretary of the United States Department of the Interior; Peter A. Rutledge, as Area Oil Shale Supervisor, United States Geological Survey; Dale R. Andrus, as Director, Colorado State Office, United States Bureau of Land Management; Gulf Oil Corporation; Standard Oil Company (Indiana); Ashland Oil Inc.; and Occidental Oil Shale, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided March 3, 1980.

Rehearing Denied May 6, 1980.


Attorney(s) appearing for the Case

Paula C. Phillips, Denver, Colo. (David Mastbaum and Craig S. Barnes, Denver, Colo., with her on the brief), for plaintiffs-appellants.

Martin Green, Atty., Dept. of Justice, Washington, D. C. (James W. Moorman, Asst. Atty. Gen., Robert L. Klarquist, Atty., Dept. of Justice, Washington, D. C., and Joseph F. Dolan, U. S. Atty., Jerry B. Tompkins, Asst. U. S. Atty., Denver, Colo., with him on the brief), for defendants-appellees.

Thomas H. Truitt of Wald, Harkrader & Ross, Washington, D. C. (Thomas C. Matthews, William R. Weissman and Carol Kinsbourne of Wald, Harkrader & Ross, Washington, D. C., Robert H. Harry of Davis, Graham & Stubbs, Denver, Colo., Lawrence J. LaBrie, Ashland, Ky., and Daniel R. Hale, Bakersfield, Cal., of counsel, with him on the brief), for defendants-appellees Ashland Colorado, Inc. and Occidental Oil Shale, Inc.

Christopher Lane of Dawson, Nagel, Sherman & Howard, Denver, Colo. (Don H. Sherwood of Dawson, Nagel, Sherman & Howard, Kent R. Olson, David E. Brody and Rebecca McGee, Denver, Colo., with him on the brief), for defendants-appellees Gulf Oil Corporation and Standard Oil Company (Indiana).

Before HOLLOWAY, BARRETT and DOYLE, Circuit Judges.


BARRETT, Circuit Judge.

The Court has learned of the tragic and untimely death shortly before oral argument of this case of one of the lead counsel for appellee, C-b lessees, Thomas C. Matthews, Jr., a distinguished member of the bar of the District of Columbia. Mr. Matthews' last professional undertaking was the preparation of C-b's brief in this case.

This appeal is taken by Environmental Defense Fund, Inc., Colorado Open Space Council, Inc., and Friends...

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