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TOSCO CORP. v. HODEL

Nos. 85-1968, 85-2205, 86-1082, 86-1083, 86-1090 and 86-1092 to 86-1097.

804 F.2d 590 (1986)

TOSCO CORPORATION; Energy Resources Technology Land, Inc.; Joseph B. Umpleby; Wasatch Development Company; Barnette T. Napier; Grace A. Savage; Joan L. Savage; Maude B. Farnum; St. Clair Napier Castlin; William H. Farnum, Jr.; John R. Farnum; John W. Savage; Neil S. Mincer and Penelope Chase Brown, Individually and as a Trustee, et al., Plaintiffs-Appellees, v. Donald P. HODEL, Secretary of the Interior, Defendant-Appellant. Senators John Melcher and Howard M. Metzenbaum; Representatives Morris K. Udall, Timothy E. Wirth, and Nick Joe Rahall; and the Colorado and National Wildlife Federations, and State of Colorado, Applicants-Intervenors.

United States Court of Appeals, Tenth Circuit.

November 4, 1986.

Attorney(s) appearing for the Case

Donald L. Morgan of Cleary, Gottlieb, Steen & Hamilton, Washington, D.C. (John W. Savage, Jr., Rifle, Colo., and James Clark of Baker & Hostetler, Denver, Colo., with him on the brief), for plaintiffs-appellees.

Peter R. Steenland, Jr., Atty., Dept. of Justice, Washington, D.C. (John P. Lang and Dirk D. Snell, Dept. of Justice, Washington, D.C., with him on the brief), for defendant-appellant.

Thomas Lustig, Boulder, Colo., for applicants-intervenors.

Janet L. Miller, Deputy Atty. Gen., State of Colo. (Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., and Richard H. Forman, Sol. Gen., with her on the brief), for applicant-intervenor State of Colo.

Before McKAY, SEYMOUR and MOORE, Circuit Judges.

PER CURIAM.

This dispute between the Secretary of the Interior and certain oil shale mining claimants has been pending for more than two decades. At various times in 1985, the United States District Court for the District of Colorado entered a series of judgments against the Secretary in favor of claimants. Those judgments carry out the court's general resolution of the dispute set out in its published opinion in Tosco Corp. v. Hodel, 611...

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