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SHOSHONE INDIAN TRIBE v. HODEL

No. 88-2304.

903 F.2d 784 (1990)

The SHOSHONE INDIAN TRIBE and The Arapahoe Indian Tribe, of the Wind River Indian Reservation, Plaintiffs-Appellees, v. Donald P. HODEL, Secretary of the Interior, Department of the Interior, Defendant-Appellee, Atlantic Richfield Company, Defendant-Appellant, and Chevron Oil Company; Continental Oil Company; Shell Oil Company, Defendants.

United States Court of Appeals, Tenth Circuit.

May 17, 1990.

Attorney(s) appearing for the Case

Morris R. Massey of Brown & Drew, Casper, Wyo., for defendant-appellant.

Robert S. Thompson, III (Sandra Hansen with him, on the brief) of Whiteing, Thompson & White, Boulder, Colorado and Susan M. Williams (Catherine Baker Stetson with her, on the brief) of Gover, Stetson, Williams & West, Albuquerque, N.M., for plaintiffs-appellees.

Michael J. Malmquist (Roger J. Marzulla, Asst. Atty. Gen., Robert L. Klarquist of the Dept. of Justice and Thornton Withers Field of the Office of the Sol., Dept. of the Interior, Washington, D.C., with him, on the brief), for defendant-appellee.

Before HOLLOWAY, Chief Judge, McWILLIAMS, Circuit Judge, and BABCOCK, District Judge.

BABCOCK, District Judge.

Atlantic Richfield Company (ARCO) appeals the final partial summary judgment entered in favor of the Secretary of the Interior (Secretary) and the Shoshone and Arapaho Indian Tribes (Tribes). The judgment upheld audit results prepared by the Mineral Management Service (MMS) disallowing certain deductions claimed by ARCO which had reduced ARCO's royalty payments to the Tribes from wet gas (gas which is rich in natural gas liquids) produced...

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