Richard E. McDONALD and Fred L. Engle d/b/a Resource Service Company, and Nancy L. Stewart and Fred L. Engle d/b/a Resource Service Company, Plaintiffs-Appellees,
v.
William P. CLARK, Secretary of the United States Department of the Interior, and Glenna M. Lane, Chief, Oil and Gas Section, Wyoming State Office, Bureau of Land Management, Department of the Interior, Defendants-Appellants.
Donald W. COYER and Fred Engle d/b/a Resource Service Company, Plaintiffs-Appellees,
v.
William P. CLARK, Secretary of the Interior, United States Department of the Interior; J. Roe, Wyoming State Office, Bureau of Land Management, United States Department of the Interior, Defendants,
Alfred L. Easterday, Defendant-Appellant.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
August 28, 1985.
August 28, 1985.
Attorney(s) appearing for the Case
William B. Lazarus, Atty., Dept. of Justice, Washington, D.C. (F. Henry Habicht, II, Asst. Atty. Gen., Dept. of Justice, Washington, D.C., Richard A. Stacy, U.S. Atty., for the D. Wyo., F. Lee Pico, Asst. U.S. Atty., for the D. Wyo., Cheyenne, Wyo., Robert L. Klarquist and Janet L. Steckel, Attys., Dept. of Justice, Washington, D.C., with him on briefs), for defendants-appellants U.S. Dept. of Interior.
Morton J. Schmidt of Schmidt & Associates, Ltd., Milwaukee, Wis., for defendant-appellant Alfred L. Easterday.
Wayne E. Babler, Jr., Milwaukee, Wis. (Thomas W. Ehrmann and Charles A. Grube, Milwaukee, Wis., with him on briefs) of Quarles & Brady, Milwaukee, Wis., for plaintiffs-appellees.
Daniel H. Israel and Dante L. Zarlengo of Cogswell and Wehrle, Denver, Colo., submitted a brief amicus curiae for Internorth, Inc.
Before McKAY and DOYLE, Circuit Judges, and BROWN, District Judge.
United States Court of Appeals, Tenth Circuit.
McKAY, Circuit Judge.
The issue in this case is whether the district court exceeded its authority when it ordered the Secretary of the Interior to issue oil and gas leases to the appellees.
The history of these cases is long and complex. The Secretary offered the land at issue for leasing, pursuant to his authority under the Mineral Lands Leasing Act.1 30 U.S.C. § 226. Because the...
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