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HOOVER & BRACKEN ENERGIES v. U.S. DEPT. OF INTERIOR

No. 82-1074.

723 F.2d 1488 (1983)

HOOVER & BRACKEN ENERGIES, INC., Plaintiff-Appellee, v. UNITED STATES DEPARTMENT OF the INTERIOR, et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

December 28, 1983.

Attorney(s) appearing for the Case

C. David Stinson, McAfee & Taft, Oklahoma City, Okl. (Gary W. Catron, McAfee & Taft, Oklahoma City, Okl., with him on the brief), for plaintiff-appellee.

Blake Andrew Watson, Dept. of Justice, Washington, D.C. (Carol E. Dinkins, Asst. Atty. Gen., Washington, D.C., John E. Green, Acting U.S. Atty., Roger Stuart, Asst. U.S. Atty., Oklahoma City, Okl., Edward J. Shawaker and Laura Frossard, Dept. of Justice, Washington, D.C., on the brief), for defendant-appellant Department of the Interior.

Robert A. Hasty, Jr., Houston, Tex. (Thomas G. Johnson, Houston, Tex., with him on the brief), for amicus curiae Shell Oil Co.

Before SETH, Chief Judge, and McWILLIAMS and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This is an appeal from a district court order which overruled a decision of the Interior Board of Land Appeals (IBLA). The matter presented is that of royalties which are allegedly owed to the government for the production of natural gas on federal and Indian lands. The appellee herein, also the plaintiff, is a producer of oil and gas and holds interests in several oil and gas leases of federal...

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