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COYER v. WATT

No. 81-1415.

720 F.2d 626 (1983)

Donald W. COYER and Fred L. Engle, d/b/a Resource Service Company, Plaintiffs-Appellants, v. James G. WATT, Secretary of the Interior, United States Department of the Interior; Alfred L. Easterday; J. Roe; and Wyoming State Office, Bureau of Land Management, United States Department of Interior, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied November 28, 1983.

Attorney(s) appearing for the Case

Wayne E. Babler, Jr., Quarles & Brady, Milwaukee, Wis. (Thomas W. Ehrmann, Milwaukee, Wis., David B. Kern, Jerome F. Statkus, Cheyenne, Wyo., Quarles & Brady, Milwaukee, Wis., and Horiskey, Bagley & Hickey, Cheyenne, Wyo., with him on the briefs), for plaintiffs-appellants.

Morton J. Schmidt, Morton J. Schmidt & Associates, Ltd., Milwaukee, Wis., for defendant-appellee Alfred L. Easterday, and Janet Steckel, Dept. of Justice, Washington, D.C. (Anthony C. Liotta, Acting Asst. Atty. Gen., Washington, D.C., Charles E. Graves, U.S. Atty., and Francis Leland Pico, Asst. U.S. Atty., Cheyenne, Wyo., and Robert L. Klarquist and Robert D. Clark, Attys., Dept. of Justice, Washington, D.C., with them on the briefs), for defendants-appellees.

Before DOYLE, McKAY and SEYMOUR, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

The plaintiffs appeal the district court order affirming the ruling of the Interior Board of Land Appeals (IBLA) which rejected plaintiffs' first Drawing Entry Card (DEC) for failure to comply with 43 C.F.R. § 3102.7 (1970). This is a regulation which has been issued by the Department which reads as follows:

A signed statement by the offeror that he is the sole party in interest in the offer and the lease, if issued;...

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