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AULSTON v. U.S.

No. 88-2349.

915 F.2d 584 (1990)

Joe AULSTON and Lola Aulston, et al., Plaintiffs-Appellants, v. UNITED STATES of America, et al., Defendants-Appellees, and Shell Western E & P, et al., Intervenors-Appellees.

United States Court of Appeals, Tenth Circuit.

September 20, 1990.

Attorney(s) appearing for the Case

Robert H. Bork, Washington, D.C. (Luke J. Danielson, Denver, Colo., and Stephen Muse, San Antonio, Tex., with him, on briefs), for plaintiffs-appellants.

George W. Van Cleve (Michael J. Norton, Acting U.S. Atty. and Paula M. Ray, Asst. U.S. Atty., Denver, Colo., with him, on brief), for defendants-appellees.

Marla J. Williams (Steven B. Richardson with her, on brief), Holme Roberts & Owen, Denver, Colo., for intervenors-appellees.

Before HOLLOWAY, Chief Judge, and SEYMOUR and MOORE, Circuit Judges.

SEYMOUR, Circuit Judge.

This case presents us with the question whether oil and gas reservations to the United States in federal land patents pursuant to the Agricultural Entry Act of 1914, 30 U.S.C. §§ 121-125 (1988) (1914 Act), include deposits of carbon dioxide gas. The Department of the Interior and the district court concluded that the carbon dioxide gas was reserved to the government. We agree and hold that the term "gas" in the 1914 Act reasonably...

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