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RAM PETROLEUMS, INC. v. ANDRUS

No. 79-4886.

658 F.2d 1349 (1981)

RAM PETROLEUMS, INC., Plaintiff-Appellee, v. Cecil ANDRUS, Secretary of the Interior of the United States of America; Edward W. Stuebing and Douglas E. Henriques, Administrative Judges of the Interior Board of Land Appeals, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 13, 1981.

Attorney(s) appearing for the Case

David C. Shilton, Washington, D. C., for defendants-appellants.

Craig R. Carver, Head, Moye, Carver & Ray, Denver, Colo., argued, for plaintiff-appellee; John J. Frankovich, McDonald, Carano, Wilson, Bergin, Bible, Frankovich & Hicks, Reno, Nev., on brief.

Before SNEED, FLETCHER and POOLE, Circuit Judges.

SNEED, Circuit Judge:

This is an appeal from a district court order reversing a finding of the Board of Land Appeals of the Department of the Interior ("IBLA" or "Board") that the appellee, Ram, failed to exercise reasonable diligence and thus caused its lease to lapse, when the rental payments for the leases arrived five days late. Jurisdiction was based on Title 28 U.S.C. § 1291 (1976). We reverse the district court order, and reinstate the Board's determination...

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