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CALIFORNIA PORTLAND CEMENT CO. v. ANDRUS

No. 81-1249.

667 F.2d 953 (1982)

CALIFORNIA PORTLAND CEMENT COMPANY, Plaintiff-Appellee, v. Cecil D. ANDRUS, Secretary of the Department of the Interior, et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

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. (Carol E. Dinkins, 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.

Robert P. Mallory, of Lawler, Felix & Hall, Los Angeles, Cal. (R. F. Outcault, Jr. and Steven J. Miller, of Lawler, Felix & Hall, Los Angeles, Cal., and Mitchell Melich, of Ray, Quinney & Nebeker, Salt Lake City, Utah, with him on the brief), for plaintiff-appellee.

Before SETH, Chief Judge, McWILLIAMS, Circuit Judge, and BROWN, District Judge.

SETH, Chief Judge.

The plaintiff had been assigned a coal lease issued to a predecessor in January 1935. The Bureau of Land Management sought to adjust the lease terms on a date about two and one-half years after its anniversary date. The anniversary dates for these purposes are the end of each twenty-year period following the date of the lease. The lease expressly gives the Department the right to adjust the terms, conditions, and royalties "at the end" of each twenty...

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