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CONOCO, INC. v. HODEL

Civ. A. No. 85-277 MMS.

626 F.Supp. 287 (1986)

CONOCO, INC. and Consolidation Coal Company, Plaintiffs, v. Donald P. HODEL, Secretary of the Interior and United States Department of the Interior, Defendants.

United States District Court, D. Delaware.

January 14, 1986.

Attorney(s) appearing for the Case

Andrew B. Kirkpatrick, Jr., and Richard D. Allen, of Morris, Nichols, Arsht & Tunnell, Wilmington, Del.; of counsel: Richard McMillan, Jr., Steven P. Quarles, and Peter K. Levine of Crowell & Moring, Washington, D.C., for plaintiffs.

William C. Carpenter, Jr., U.S. Atty., and Richard G. Andrews, Asst. U.S. Atty., Wilmington, Del.; Alan Brenner, Dept. of Justice, Washington, D.C., for defendants.

OPINION

MURRAY M. SCHWARTZ, Chief Judge.

Plaintiffs Conoco, Inc. ("Conoco") and Consolidated Coal Company ("Consolidated") seek declaratory relief to prevent defendant the Secretary of the Interior ("the Secretary") from applying Section 2 of the Mineral Lands Leasing Act ("MLLA"), codified as amended at 30 U.S.C. § 201(a)(2)(A) (1982), to federal leases of minerals other than coal.

The matter is before this Court on cross-motions for summary...

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