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PETERSON v. DEPARTMENT OF INTERIOR

Nos. C 78-463, C 78-465.

510 F.Supp. 777 (1981)

Virgil V. PETERSON, Plaintiff, v. The DEPARTMENT OF the INTERIOR, and Cecil D. Andrus, Secretary of the Interior, Defendants. HIKO BELL MINING AND OIL CO., a Utah corporation, Plaintiff, v. Cecil D. ANDRUS, Secretary of the Interior; Guy Martin, Assistant Secretary, Land and Water Resources, Department of the Interior; Frank Gregg, Director, Bureau of Land Management, Department of the Interior; and the United States Department of the Interior, Defendants.

United States District Court, D. Utah, C. D.

March 23, 1981.

Attorney(s) appearing for the Case

Harold A. Hintze, Scott R. Jenkins, Fox, Edwards & Gardiner, Salt Lake City, Utah, for plaintiff Peterson.

Gerald E. Nielson, Salt Lake City, Utah, for plaintiff Hiko Bell.

Gerald S. Fish, Dept. of Justice, Washington, D. C., Ronald L. Rencher, U. S. Atty., Wallace Boyack, Asst. U. S. Atty., Salt Lake City, Utah, for defendants.

ORDER REVERSING DECISION OF INTERIOR BOARD OF LAND APPEALS

ALDON J. ANDERSON, Chief Judge.

This case is the consolidation of two complaints that seek review of a single decision of the Interior Board of Land Appeals (IBLA). The IBLA decision upheld the BLM's rejection of plaintiffs' applications for extension of their coal prospecting permits on the ground that plaintiffs did not have "valid existing rights" under their extension applications and that the...

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