ASH CREEK MINING COMPANY, an Oklahoma Corporation, Plaintiff-Appellant,
v.
Manuel LUJAN, in his official capacity as Secretary of the United States Department of the Interior; and the United States Department of the Interior, Laurance S. Rockefeller, an individual; the Sloan-Kettering Institute for Cancer Research, a non-profit New York Corporation; Consolidation Coal Company, a Delaware Corporation; and Reserve Coal Properties Company, a Delaware Corporation, Defendants-Appellees.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
July 7, 1992.
July 7, 1992.
Attorney(s) appearing for the Case
Ben Aufill, of Burleson, Pate & Gibson, Dallas, Tex. (Brent R. Kunz, of Hathaway, Speight, Kunz, Trautwein & Barrett, Cheyenne, Wyo., with him on the brief), for plaintiff-appellant.
Ellen J. Durkee, Attorney, Environment & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C. (Barry M. Hartman, Acting Asst. Atty. Gen., Washington, D.C., Richard A. Stacy, U.S. Atty., Carol A. Statkus and Maynard Grant, Asst. U.S. Attys., Cheyenne, Wyo., Fred R. Wagner and Martin W. Matzen, Attorneys, Environment & Natural Resources Div., U.S. Dept. of Justice, Mark D. Etchart, Office of the Solicitor, Dept. of the Interior, Washington, D.C., Lyle K. Rising, Office of the Regional Solicitor, Dept. of the Interior, Denver, Colo., with her on the brief), for defendants-appellees Manuel Lujan, in his official capacity as Secretary of U.S. Dept. of the Interior, and U.S. Dept. of the Interior.
Richard M. Davis, Jr. (Kate M. Fox with him on the brief), of Burgess, Davis, Carmichael & Cannon, Sheridan, Wyoming, for defendant-appellee Reserve Coal Properties Co.
Gaines Gwathmey, III, of Paul, Weiss, Rifkind, Wharton & Garrison, N.Y. (Steven B. Rosenfeld and Daniel G. Cort, of Paul, Weiss, Rifkind, Wharton & Garrison, New York City, Marcelle Shoop and Jack D. Palma, II, of Holland & Hart, Cheyenne, Wyo., with him on the brief), for defendant-appellee The Sloan-Kettering Institute for Cancer Research.
Henry L. Diamond and Christopher W. Mahoney, of Beveridge & Diamond, Washington, D.C., and Carl L. Lathrop and J. Kent Rutledge, of Lathrop & Rutledge, Cheyenne, Wyo., filed a brief for defendant-appellee Laurance S. Rockefeller.
Before: SEYMOUR, SETH and ALDISERT, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
ALDISERT, Senior Circuit Judge.
We meet again a controversy between the plaintiff-appellant, Ash Creek Mining Company, and the Secretary of the Interior over certain federally owned coal located in Sheridan County, Wyoming. In Ash Creek Mining Co. v. Lujan,934 F.2d 240 (10th Cir.1991) (Ash Creek I), Ash Creek challenged the Secretary of the Interior's decision to set aside the Ash Creek Coal Leasing Tract in Sheridan...
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