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KVK PARTNERSHIP v. HODEL

No. 84-1256.

759 F.2d 814 (1985)

KVK PARTNERSHIP, Plaintiff-Appellant, v. Donald P. HODEL, Secretary of the Interior, the United States of America, and Jeanette G. Hall, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 19, 1985.

Attorney(s) appearing for the Case

John B. Pound, Montgomery & Andrews, P.A., Santa Fe, N.M., for plaintiff-appellant.

Jeffrey P. Minear, Department of Justice, Washington, D.C. (William L. Lutz, U.S. Atty., and Raymond Hamilton, Asst. U.S. Atty., Albuquerque, N.M., and F. Henry Habicht, II, Asst. Atty. Gen., and Robert L. Klarquist, Dept. of Justice, Washington, D.C., with him on brief), for defendants-appellees.

Before LOGAN, SEYMOUR, Circuit Judges, and SEAY, District Judge.

SEYMOUR, Circuit Judge.

Plaintiff KVK Partnership (KVK) participated in a simultaneous drawing for an oil and gas lease on public lands conducted under the Mineral Leasing Act of 1920, 30 U.S.C. § 181 et seq. (1982). Although KVK was the first drawee, its application was rejected because it had failed to comply with two regulations applicable to partnership filings. When KVK's rejection was affirmed on administrative appeal, KVK filed this suit for judicial...

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