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WESTERN OIL AND GAS ASS'N v. CORY

No. 82-4261.

726 F.2d 1340 (1984)

WESTERN OIL AND GAS ASSOCIATION, et al., Plaintiffs-Appellees, v. Kenneth CORY, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided January 13, 1984.

As Amended February 29, 1984.

Attorney(s) appearing for the Case

Betty Jane Kirwan, McCutchen, Black, Verleger & Shea, Los Angeles, Cal., for plaintiffs-appellees.

Dennis M. Eagan, Deputy Atty. Gen., San Francisco, Cal., for defendants-appellants.

Before TANG and ALARCON, Circuit Judges, and TAYLOR, District Judge.

TANG, Circuit Judge.

The California State Lands Commission ("Commission") and its members appeal from the district court's grant of summary judgment in favor of plaintiffs, eight oil companies and their trade association, the Western Oil and Gas Association. The court below overturned as unconstitutional the regulations promulgated by the Commission that compute "rent" for the leasing of state-owned tidelands and submerged lands based on the volume of oil in interstate...

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