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HAMILTON STORES, INC. v. HODEL

No. 86-1376.

925 F.2d 1272 (1991)

HAMILTON STORES, INC., Plaintiff-Appellant, v. Donald HODEL, Secretary, Department of the Interior; William Mott, Director, National Park Service; Lorraine Mintzmeyer, Regional Director, Rocky Mountain Region, National Park Service; Robert D. Barbee, Superintendent, Yellowstone National Park, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 11, 1991.

Attorney(s) appearing for the Case

Francis J. Nielson, Arnovitz, Smith & Nielson, Salt Lake City, Utah, for plaintiff-appellant.

Robert L. Klarquist, Atty., Dept. of Justice, Land and Natural Resources Div., Washington, D.C. (David C. Shilton, Atty., Dept. of Justice, Land and Natural Resources Div., Washington, D.C., with him on the brief); F. Henry Habicht II, Asst. Atty. Gen., Richard A. Stacy, U.S. Atty., and Francis Leland Pico, Asst. U.S. Atty., Cheyenne, Wyo. (of counsel: Lars A. Hanslin, Office of the Sol., Dept. of the Interior, Washington, D.C., with him on the brief), for defendants-appellees.

Before HOLLOWAY, Chief Judge, LOGAN and SEYMOUR, Circuit Judges.

HOLLOWAY, Chief Judge.

Plaintiff-appellant Hamilton Stores, Inc. ("HSI"), a Delaware corporation, commenced this suit against the Secretary of the Interior ("the Secretary" or "the government") and other officials of the Department of the Interior in the United States District Court for the District of Wyoming. The dispute concerns the alleged failure of the Secretary to honor HSI's contractual and statutory rights as a concessioner providing various visitor services...

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