NAARTEX CONSULTING CORP. v. WATT

No. 82-1979.

722 F.2d 779 (1983)

NAARTEX CONSULTING CORPORATION, Appellant, Russell Huff, v. James G. WATT, Secretary of Interior, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided November 29, 1983.


Attorney(s) appearing for the Case

Daniel J. Piliero, II, Washington, D.C., with whom Kathryn L. Mann, Washington, D.C. was on the brief, for appellant.

C. Michael Buxton, Washington, D.C., with whom Charles D. Tetrault, Washington, D.C., and B. Lee Ware, Jr., Houston, Tex., for American Natural Resources Co., et al., Gerry Levenberg, Washington, D.C., and Laura L. Payne, Denver, Colo., for General American Oil Co. of Texas, Thomas P. Humphrey, Washington, D.C., for James S. Harrell, and C. Scott Crabtree, Denver, Colo., for Gordon L. Heele, et al., were on the joint brief, for appellees.

Jacques B. Gelin, Atty., Dept. of Justice, Washington, D.C., with whom Robert L. Klarquist, Atty., Dept. of Justice, Washington, D.C., was on the brief, for appellee, James G. Watt, Secretary of the Interior.

Thomas W. Ehrmann, Wayne E. Babler, Jr. and Charles A. Grube, Milwaukee, Wis., were on the brief, for appellee, Fred L. Engle d/b/a Resource Service Company.

Jerome C. Muys and John F. Shepherd, Washington, D.C., for Davis Oil Company and Paul Messinger & Co. Raymond Shibley, Brian D. O'Neill and Daniel J. Conway, Washington, D.C., for Panhandle Western Gas Co., Raymond G. Larroca, Thomas Carr, Washington, D.C., and William C. Anderson, Tulsa, Okl., for Reading & Bates Petroleum Co., were on the joint brief, for appellees. Erik B. Carlson, Denver, Colo., also entered an appearance for appellee, Davis Oil Company.

Richard G. Morgan, Martha Priddy Patterson, and Charles W. Garrison, Washington, D.C., were on the brief, for appellee, Raymond G. Albrecht.

Before WALD and BORK, Circuit Judges, and DAVID W. WILLIAMS, Senior District Judge for the Central District of California.


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

This action begins with a lottery, held in Wyoming in 1975 by the Department of Interior to select a lessee for a parcel of land in Wyoming that was, at the time, outside any known producing oil or gas field. Two years later, the land began producing oil; and two years later still, Naartex Consulting Corporation (Naartex), acting on behalf of an unsuccessful applicant in the lottery, challenged...

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