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FMC WYOMING CORP. v. HODEL

Nos. 84-2175, 84-2208.

816 F.2d 496 (1987)

FMC WYOMING CORPORATION, Plaintiff-Appellee/Cross-Appellant, v. Donald P. HODEL, as Secretary of the United States Department of the Interior; Robert F. Burford, as Director of the Bureau of Land Management, United States Department of the Interior; Jim H. Taylor, as Chief, Branch of Solid Minerals, Wyoming State Office, Bureau of Land Management; Marla B. Bohl, as Former Chief, Land and Mining, Wyoming State Office, Bureau of Land Management; Harold G. Stinchcomb, as Former Chief, Branch of Energy Minerals, Wyoming State BLM Office; J. Stan McKee, as Former Acting Chief, Branch of Solid Minerals, Wyoming State Bureau of Land Management; and the United States Department of the Interior, Defendants-Appellants/Cross-Appellees, Colorado-Ute Electric Association, Inc.; Northern States Power Company; Peabody Holding Company, Inc.; System Fuels, Inc.; Western Coal Traffic League; Colowyo Coal Company, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied July 8, 1987.

Attorney(s) appearing for the Case

Marilyn S. Kite (Patrick R. Day of Holland & Hart, with her, on the briefs), Cheyenne, Wyo., for plaintiff-appellee/cross-appellant.

Jean A. Kingrey, Sp. Litigation Counsel, Dept. of Justice (F. Henry Habicht II, Asst. Atty. Gen., Robert Klarquist, Atty., Dept. of Justice, of counsel, Lyle K. Rising and Stephen Brown, Office of Sol., Dept. of Interior, with her, on brief), Washington, D.C., for defendants-appellants/cross-appellees.

L. Christian Hauck and John R. McNeill, Montrose, Colo., for amicus curiae Colorado-Ute Elec. Ass'n.

Jack F. Sjoholm, Minneapolis, Minn., for amicus curiae Northern States Power Co.

Terry O'Connor, Denver, Colo., for amicus curiae Peabody Holding Co., Inc. and System Fuels, Inc.

Jon N. Halverson and Charles L. Kaiser of Davis, Graham & Stubbs, Denver, Colo., for amicus curiae Colowyo Coal Co.

William L. Slover, C. Michael Loftus, Donald G. Avery and Pauline E. Waschek of Slover & Loftus, Washington, D.C., for amicus curiae Western Coal Traffic League.

Before LOGAN, MOORE, and McWILLIAMS, Circuit Judges.

Rehearing Denied in No. 84-2175 July 8, 1987.

McWILLIAMS, Circuit Judge.

This dispute concerns a readjustment by the Secretary of the Interior of the terms and conditions of two coal leases between the United States and FMC Corporation, a Delaware corporation with its principal place of business in Chicago, Illinois, and qualified to do business in Wyoming. On administrative appeal, the Interior Board of Land Appeals...

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