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JICARILLA APACHE TRIBE v. HODEL

Nos. 85-1712, 85-1713.

821 F.2d 537 (1987)

JICARILLA APACHE TRIBE, Plaintiff-Appellant, v. Donald P. HODEL, Secretary of the Interior of the United States of America; Defendant-Appellee, Union Oil Company of California as representatives of a certain class of lessees under oil and gas leases on the Jicarilla Apache Reservation; Amoco Production Company; Apexco, Inc.; Aztec Oil and Gas Company; Benson-Montin-Greer Drilling Corp.; Dugan Production Corporation; Engineering & Production Service; Gulf Oil Corporation; Nassau Resources, Inc.; J.M. Huber Corporation; Kirby Exploration Company; Merrion and Bayless Drilling; Mesa Petroleum Company; North American Exploration Company; Southland Royalty; Sun Oil Company; Tesoro Petroleum Corporation, Defendants, Aquitaine Oil Corporation; Filon Exploration Corporation; Thomas N. Jordan and Trend Exploration, Limited, Additional Party-Defendants, Dome Petroleum Corporation, Applicant in Intervention-Appellant. DOME PETROLEUM CORPORATION, Plaintiff-Appellant, v. Donald P. HODEL, Secretary of Interior of the United States; Leonard Atole; Richard Tecube; Barbara Gonzales; Elote Harrison; Cora Gomez; Freda Havens; Edwin Sandova; Rudy Velarde; Calvin Veneno and Jonathan Wells, all Members of the Jicarilla Apache Tribe of New Mexico, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 18, 1987.

Attorney(s) appearing for the Case

Daniel H. Israel (Jane E. Archer of Cogswell and Wehrle, Denver, Colo., Richard T.C. Tully, Farmington, N.M., with him on the brief), for Dome Petroleum Corp.

B. Reid Haltom (Robert J. Nordhaus of Nordhaus, Haltom, Taylor & Taradash, Albuquerque, N.M., with him on the brief) for Jicarilla Apache Tribe, Leonard Atole, Richard Tecube, Barbara Gonzales, Elote Harrison, Cora Gomez, Freda Havens, Edwin Sandova, Rudy Velarde, Calvin Veneno, and Jonathan Wells.

Sarah P. Robinson (F. Henry Habicht II, Asst. Atty. Gen., Washington, D.C., William L. Lutz, U.S. Atty., Albuquerque, N.M., Raymond Hamilton, Asst. U.S. Atty., Albuquerque, N.M., Robert L. Klarquist and Martin W. Matzen, Attys., Dept. of Justice, Washington, D.C., on the brief), for Secretary of the Interior of the U.S.

Before LOGAN and ANDERSON, Circuit Judges, and BOHANON, District Judge.

LOGAN, Circuit Judge.

On April 12, 1976, the Jicarilla Apache Tribe brought suit to cancel certain oil and gas leases on the Jicarilla Apache Reservation because of the failure of the United States Department of the Interior to adequately advertise the lease sales under which the leases were issued. In Jicarilla Apache Tribe v. Andrus, 546 F.Supp. 569 (D.N.M.1980), the United States District Court for the District of New...

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