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PHILLIPS PETROLEUM CO. v. LUJAN

No. 90-5122.

951 F.2d 257 (1991)

PHILLIPS PETROLEUM COMPANY, Plaintiff-Appellee, v. Manual LUJAN, Secretary of the Interior, Robert Kallman, Director or Acting Director, Minerals Management Service, Department of the Interior, Nick L. Kelly, Area Manager, Dallas Regional Compliance Office, Minerals Management Service, the United States Department of the Interior, the Minerals Management Service, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

December 2, 1991.

Attorney(s) appearing for the Case

Robert L. Klarquist, Attorney, Dept. of Justice, Environment and Natural Resources Div., Washington, D.C. (Richard B. Stewart, Asst. Atty. Gen., Washington, D.C., Tony M. Graham, U.S. Atty., and Nancy Nesbitt Blevins, Asst. U.S. Atty., Tulsa, Okl., Edward J. Shawaker, Attorney, Dept. of Justice, Environment and Natural Resources Div., Washington, D.C., Peter J. Schaumber and Geoffrey Heath, Office of Sol. Gen., Washington, D.C., with him on the brief), for defendants-appellants.

Thomas L. Cubbage, II, of Phillips Petroleum Co., Bartlesville, Okl. (L.K. Smith and Paul E. Swain, III, of Boone, Smith, Davis, Hurst & Dickman, Tulsa, Okl., William G. Paul, John L. Williford and Jennifer S. Goering of Phillips Petroleum Co., Bartlesville, Okl., with him on the brief), for plaintiff-appellee.

Donald B. Craven and James P. Tuite, of Miller & Chevalier, Chartered, Washington, D.C., David T. Deal of the American Petroleum Institute, Washington, D.C., for Amicus Curiae, American Petroleum Institute.

Before McWILLIAMS and BALDOCK, Circuit Judges, and DUMBAULD, District Judge.

BALDOCK, Circuit Judge.

Defendants-appellants, the Secretary of the Interior and his department, the Mineral Management Service which is a division within the Department of the Interior, and two other administrative officials of the Mineral Management Service, appeal the district court's order granting summary judgment to plaintiff-appellee, Phillips Petroleum Company, in a declaratory action. We have jurisdiction under 28 U.S.C. § 1291. Our review of orders...

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