ROSEBUD COAL SALES COMPANY, INC., Plaintiff-Appellee,
v.
Cecil D. ANDRUS, Secretary of the Department of the Interior, et al., Defendants-Appellants.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
Argued and Submitted July 13, 1981.
Decided January 8, 1982.
Attorney(s) appearing for the Case
Jerry Jackson, Atty., Appellate Section, Land and Natural Resources Div., U. S. Dept. of Justice, Washington, D. C. (Sanford Sagalkin, Deputy Asst. Atty. Gen., Anthony C. Liotta, Acting Asst. Atty. Gen., Dirk D. Snel and Margaret M. McMahon, Attys., U. S. Dept. of Justice, Washington, D. C., with him on the briefs), for defendants-appellants.
William E. Murane, of Holland & Hart, Denver, Colo. (Marilyn S. Kite, of Holland & Hart, Laramie, Wyo., Kenneth D. Hubbard, Gerald J. Schissler, Paul D. Phillips, and Julian M. Izbiky, of Holland & Hart, Denver, Colo., with him on the briefs), for plaintiff-appellee.
Russell S. Jones, Denver, Colo., for amicus curiae Beaver Creek Coal Co.
Robert G. Holt, of Martineau, Rooker, Larsen & Kimball, Salt Lake City, Utah, for amicus curiae Eureka Energy Co.
Hugh C. Garner and William B. Prince, Salt Lake City, Utah, for amicus curiae Franklin Real Estate Co.
M. William Tilden, of Gresham, Varner, Savage, Nolan & Tilden, San Bernardino, Cal., for amicus curiae Kaiser Steel Corp.
Russell H. Carpenter, Jr. and David N. Heap, Washington, D. C., for amicus curiae Rocky Mountain Energy Co.; Kenneth R. Oldham, Broomfield, Colo., and Covington & Burling, Washington, D. C., of counsel.
Before SETH, Chief Judge, McWILLIAMS, Circuit Judge, and BROWN, District Judge.
United States Court of Appeals, Tenth Circuit.
SETH, Chief Judge.
The plaintiff sought review of an administrative decision by the Interior Board of Land Appeals which held that the Department of Interior could readjust the terms of a coal lease issued to a predecessor of plaintiff at a time after the anniversary date of the lease. The United States District Court for the District of Wyoming held that the lease could not then be readjusted and reversed the decision of the Interior Board of Land Appeals. The issue...
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