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PULLMAN v. CHORNEY

No. 81-1386.

712 F.2d 447 (1983)

Paul PULLMAN, individually and on behalf of other unsuccessful applicants similarly situated for oil and gas leases in Wyoming offered by the Bureau of Land Management under the Simultaneous Oil and Gas System, Plaintiff-Appellant, v. Raymond CHORNEY, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 20, 1983.

Attorney(s) appearing for the Case

Burton L. Knapp, New York City (Neil L. Selinger, New York City, with him on brief), of Lowey, Dannenberg & Knapp, P.C., New York City (also Theodore S. Halaby of Halaby & Bahr, Denver, Colo., with him on brief), James E. Nesland, Denver, Colo. (Edward O. Byrne and John H. Evans, Denver, Colo., with him on brief), of Ireland, Stapleton & Pryor, P.C., Denver, Colo., for defendants-appellees Raymond Chorney, Joan Chorney, Chorney Oil Co., Seabrook Corp. and Lancaster Corp. (also William H. Brown of Brown, Drew, Apostolos, Massey & Sullivan, Casper, Wyo., on brief, for defendants-appellees L. Stanley and Hazel Stanley).

Jacques B. Gelin, Washington, D.C. (Carol E. Dinkins, Asst. Atty. Gen. and Robert L. Klarquist) of the Dept. of Justice, Washington, D.C., with him on brief (also Joseph Dolan, U.S. Atty., and Daniel R. Christopher, Asst. U.S. Atty., Denver, Colo.), with him on brief, for defendants-appellees Cecil D. Andrus, Charles W. Duncan, Jr., and Maxwell T. Lieurance.

Before HOLLOWAY, McKAY and SEYMOUR, Circuit Judges.

McKAY, Circuit Judge.

Paul Pullman appeals from the district court's summary judgment for the defendants in a civil suit arising out of lotteries run by the Secretary of the Interior to determine who may lease oil rights of federal property. The purpose for and mechanism of the lottery are described in detail in the trial court's opinion, Pullman v. Chorney, 509 F.Supp. 162 (D.Colo.1981).

I

In April 1980...

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