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STATE OF N.M. v. U.S.

No. 87-1210.

831 F.2d 265 (1987)

STATE OF NEW MEXICO, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

October 13, 1987.

Attorney(s) appearing for the Case

James O. Browning, Deputy Atty. Gen., Santa Fe, N.M., argued for plaintiff-appellant. With him on brief were Hal Stratton, Atty. Gen. of the State of New Mexico and Douglas Meiklejohn, Asst. Atty. Gen. Also on brief were Paul G. Bardacke, Norman S. Thayer, Stephen Charnas and Martha J. Kaser, Sutin, Thayer & Browne, Albuquerque, N.M.

John S. McCarthy, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on brief were Michael C. Durney, Acting Asst. Atty. Gen., Michael L. Paup and William S. Estabrook.

Joseph B. Meyer, Atty. Gen. of the State of Wyoming and Vicci M. Colgan, Asst. Atty. Gen., Cheyenne, Wyo., were on brief, for amicus curiae.

Before MARKEY, Chief Judge, and DAVIS and BISSELL, Circuit Judges.

BISSELL, Circuit Judge.

The State of New Mexico appeals from a judgment of the United States Claims Court, New Mexico v. United States, 11 Cl.Ct. 429 (1986), dismissing New Mexico's complaint. We affirm.

BACKGROUND

Under the Mineral Leasing Act of 1920, ch. 85, 41 Stat. 437 (codified as amended at 30 U.S.C. §§ 181 et seq. (1982 & Supp. III 1985)), Congress authorized the Secretary of the Interior to lease certain federally owned...

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