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WESTERN NUCLEAR, INC. v. ANDRUS

No. 79-2290.

664 F.2d 234 (1981)

WESTERN NUCLEAR, INC., a Delaware Corporation, authorized and doing business in the State of Wyoming, Plaintiff-Appellant, v. Cecil ANDRUS, Secretary of the United States Department of the Interior, and the United States, Defendants-Appellees, and Wyoming Stock Growers Association, John Orr and Associated General Contractors of Wyoming, Intervenors. State of Utah and Associated General Contractors of Wyoming, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

Decided November 13, 1981.

Attorney(s) appearing for the Case

Harley W. Shaver, Denver, Colo. (John H. Licht, Denver, Colo., with him on the brief), of Canges, Shaver, Volpe & Licht, Denver, Colo., for plaintiff-appellant.

Edward J. Shawaker, Washington, D. C. (Robert L. Klarquist, Dept. of Justice, Washington, D. C., James W. Moorman, Asst. Atty. Gen., Washington, D. C., Charles E. Graves, U. S. Atty., and Sharon A. Lyman, Asst. U. S. Atty., Cheyenne, Wyo. and Lyle K. Rising, Dept. of the Interior, Denver, Colo., with him on the brief), for defendants-appellees.

David L. Wilkinson, Utah Atty. Gen., Richard L. Dewsnup, and Anne M. Stirba, Asst. Attys. Gen., Salt Lake City, Utah, on the brief, for State of Utah.

Marilyn S. Kite, Laramie, Wyo., on the brief, for Associated Gen. Contractors of Wyoming, intervenor and amicus curiae.

Before McWILLIAMS and BREITENSTEIN, Circuit Judges, and CHILSON, District Judge.

McWILLIAMS, Circuit Judge.

The central issue in this appeal concerns the meaning and scope of a mineral reservation in a patent granted under the Stock-Raising Homestead Act of 1916. Specifically, the question before us is whether gravel is included in the reservation of "coal and other minerals." The Wyoming Office of the Bureau of Land Management (BLM), the Interior Board of Land Appeals (IBLA), and the United States District Court for the District of Wyoming all...

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