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FOUST v. LUJAN

No. 90-8004.

942 F.2d 712 (1991)

Oliver J. FOUST, Plaintiff-Appellant, v. Manuel LUJAN, Jr., Secretary of the Interior, Defendant-Appellee, Northern Arapaho and Shoshone Indian Tribes of the Wind River Indian Reservation, Defendants/intervenors-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied October 24, 1991.

Attorney(s) appearing for the Case

John R. Hursh (Maureen T. Donohoue with him on the briefs) of Hursh & Donohoue, Riverton, Wyo., for plaintiff-appellant.

Andrew C. Mergen, Atty., Dept. of Justice, Environment and Natural Resources Div., Washington, D.C. (Richard B. Stewart, Asst. Atty. Gen., Richard A. Stacey, U.S. Atty., and David A. Kubichek, Asst. U.S. Atty., Cheyenne, Wyo., Robert L. Klarquist, Atty. Dept. of Justice, Environment and Natural Resources Div., Washington, D.C., with him on the brief), for defendant-appellee.

Robert S. Thompson, III (Sandra Hansen, also of Whiteing & Thompson, Boulder, Colo., Susan M. Williams of Gover, Stetson, Williams & West, Albuquerque, N.M., with him on the brief), for defendants-intervenors-appellees.

Before McKAY, SETH and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

Plaintiff Oliver Foust applied, pursuant to § 316 of the Federal Land Policy and Management Act (FLPMA), 43 U.S.C. § 1746, to correct an error in a land patent issued by the United States to Byron Smith, his predecessor in title. The Bureau of Land Management (BLM) approved Foust's application, and intervenors-defendants the Northern Arapaho and Shoshone Indian Tribes (Indians) appealed. The Interior Board of Land Appeals (IBLA) reversed...

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