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MARATHON OIL CO. v. LUJAN

No. 90-1206.

937 F.2d 498 (1991)

MARATHON OIL COMPANY; Joan L. Savage; Barbara Cliff Toner; Frank G. Cooley, as personal representative of the Estate of Cameron Cliff, Plaintiffs-Appellees, v. Manuel LUJAN, Jr., Secretary of the Interior; Delos Cy Jamison, Director, Bureau of Land Management; the Department of the Interior, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

June 18, 1991.

Attorney(s) appearing for the Case

John S. White of Patton, Boggs & Blow, Washington, D.C. (John C. Martin and Virginia H. Sibbison of Patton, Boggs & Blow, Washington, D.C., and Don H. Sherwood and James M. King of Sherman & Howard assisting with the brief, Denver, Colo.), for plaintiffs-appellees.

Dirk D. Snel, Atty. for Dept. of Justice, Washington, D.C. (Richard B. Stewart, Asst. Atty. Gen. and Gerald S. Fish and Robert L. Klarquist, Attys. for Dept. of Justice, Washington, D.C. assisting with the briefs), for defendants-appellants.

Before HOLLOWAY, Chief Judge, and ALDISERT and EBEL, Circuit Judges.

EBEL, Circuit Judge.

The issue we decide is whether the district court properly issued a writ of mandamus ordering the defendants-appellants, the Department of the Interior, the Secretary of the Interior, and the Director of the Bureau of Land Management, to "expeditiously complete administrative action" on an application for six oil shale mining patents within thirty days, to approve the application, and to issue the patents. We hold that the issuance of the writ...

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