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WILSON v. HODEL

No. 83-2479.

758 F.2d 1369 (1985)

Harold WILSON, Plaintiff-Appellant, v. Donald P. HODEL, Secretary of the Interior, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 2, 1985.

Attorney(s) appearing for the Case

Alan L. Sullivan, Salt Lake City, Utah (Phillip Wm. Lear and Douglas L. Davies, Salt Lake City, Utah, with him on brief) of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, for plaintiff-appellant.

Ellen J. Durkee, Washington, D.C. (F. Henry Habicht, II, Asst. Atty. Gen., and Jacques B. Gelin, Dept. of Justice, Washington, D.C.; and Brent D. Ward, U.S. Atty. and Joseph W. Anderson, Asst. U.S. Atty., Salt Lake City, Utah, with her on brief), Dept. of Justice, Washington, D.C., for defendants-appellees.

Before BARRETT and McKAY, Circuit Judges, and ELLISON, District Judge.

BARRETT, Circuit Judge.

This appeal concerns the application of the presumption of administrative regularity as it relates to the filing by potential lessees of requisite information in the Department of Interior's noncompetitive oil and gas leasing program. Both the Interior Board of Land Appeals (IBLA) and the district court concluded that Harold Wilson had not rebutted the presumption by establishing clear proof that he had submitted all of the information necessary...

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