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BENDER v. CLARK

No. 83-1306.

744 F.2d 1424 (1984)

Jack J. BENDER, Plaintiff-Appellee, v. William P. CLARK, as Successor to James G. Watt, et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

September 28, 1984.

Attorney(s) appearing for the Case

S. Kirk Ingebretsen, Denver, Colo. (David W. Furgason, Denver, Colo., with him on brief) of Welborn, Dufford & Brown, Denver, Colo., for plaintiff-appellee.

John A. Bryson, Atty., Dept. of Justice, Washington, D.C. (William Lutz, U.S. Atty. and Herbert A. Becker, Asst. U.S. Atty., Albuquerque, N.M., and Carol E. Dinkins, F. Henry Habicht, II, Asst. Attys. Gen., Raymond Zagone, Anne S. Almy, Martin Green, Attys., Dept. of Justice, Washington, D.C., with him on briefs), for defendants-appellants.

Before HOLLOWAY and BARRETT, Circuit Judges, and SETH, Chief Judge.

BARRETT, Circuit Judge.

The government appeals from an order of the district court which remanded the action to an administrative law judge (ALJ) for a determination of whether the plaintiff-appellee, Jack J. Bender, adequately showed by a preponderance of the evidence that the United States Geological Survey (USGS) erred in finding that a particular tract of federal land contained a known geologic structure (KGS). The district court had jurisdiction over this matter...

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