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UNITED NUCLEAR CORP. v. U.S.

No. 89-1727.

912 F.2d 1432 (1990)

UNITED NUCLEAR CORPORATION, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied October 25, 1990.

Attorney(s) appearing for the Case

Peter J. Nickles, Covington & Burling, Washington, D.C., argued, for plaintiff-appellant. With him on the brief was Steven J. Rosenbaum, Washington, D.C. Also on the brief were Michael W. Brennan and Jon J. Indall, Carpenter, Crout & Olmstead, Santa Fe, N.M., of counsel.

Jacques B. Gelin, Dept. of Justice, Washington, D.C., argued, for defendant-appellee. With him on the brief were Richard B. Stewart, Asst. Atty. Gen., Martin W. Matzen, R. Anthony Rogers and Alan Brenner.

Before NIES, Chief Judge, FRIEDMAN, Senior Circuit Judge, and MAYER, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

The appellant, United Nuclear Corporation (United), entered into two leases with the Navajo Tribal Council (Tribal Council), which authorized United to conduct uranium mining on land in the Navajo Reservation. The leases were awarded to United through competitive bidding, and the Secretary of the Interior approved the leases, as well as United's exploration plans for the leased land. United's explorations, for which United spent more...

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