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KIRKPATRICK OIL & GAS CO. v. UNITED STATES

No. 80-1117.

675 F.2d 1122 (1982)

KIRKPATRICK OIL & GAS COMPANY, Plaintiff-Appellant, v. UNITED STATES of America and Thomas S. Kleppe, Secretary of the Interior, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 19, 1982.

Attorney(s) appearing for the Case

Charles Nesbitt, Oklahoma City, Okl., for plaintiff-appellant.

Thomas H. Pacheco, Atty., Dept. of Justice, Washington, D. C. (James W. Moorman, Asst. Atty. Gen., Washington, D. C., Larry D. Patton, U. S. Atty., Susie Pritchett, Asst. U. S. Atty., Oklahoma City, Okl., Anne S. Almy, Atty., Dept. of Justice, Washington, D. C., with him on the briefs), for defendants-appellees.

Before DOYLE and LOGAN, Circuit Judges, and TEMPLAR, District Judge.

LOGAN, Circuit Judge.

Kirkpatrick Oil & Gas Company (Kirkpatrick) appeals from the district court's judgment affirming the Secretary of Interior's determination that Kirkpatrick's oil and gas leases on federally owned land had expired for failure to produce oil or gas in paying quantities. The controlling issue on appeal is whether, without the Secretary of Interior's approval, state-compelled communitization binds the federal government as landowner, so that...

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