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VALLEY CAMP OF UTAH, INC. v. BABBITT

No. 93-4067

24 F.3d 1263 (1994)

VALLEY CAMP OF UTAH, INC., a Utah corporation, Plaintiff-Appellant, v. Bruce BABBITT, Secretary of the Interior, Cy Jamison, Director, Bureau of Land Management, United States Department of the Interior; James Parker, Director, Utah State Office, Bureau of Land Management, United States Department of the Interior; Robert Lopez, Chief, Minerals Adjudication Section, Utah State Office, Bureau of Land Management, United States Department of the Interior; United States Department of the Interior, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied July 22, 1994.

Attorney(s) appearing for the Case

John A. Snow, Van Cott, Bagley, Cornwall & McCarthy, (John S. Kirkham, Stoel Rives Boley Jones & Grey with him on the brief), Salt Lake City, UT, for plaintiff-appellant.

Jacques B. Gelin, Atty., Dept. of Justice (Myles E. Flint, Acting Asst. Atty. Gen., Dept. of Justice, Washington, DC, David J. Jordan, U.S. Atty., Carlie Christensen, Asst. U.S. Atty., Salt Lake City, UT, Robert L. Klarquist, Atty., Dept. of Justice, and Karen Hawbecker, Office of Sol., Dept. of Interior, Washington, DC, of counsel, with him on the brief), for defendants-appellees.

Before KELLY and SETH, Circuit Judges, and OWEN, District Judge.

PAUL KELLY, Jr., Circuit Judge.

Plaintiff-appellant Valley Camp, Inc. (Valley Camp) appeals from the district court's grant of summary judgment affirming an Interior Board of Land Appeals (IBLA) decision in favor of defendants-appellees. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we reverse and remand.

Background

This appeal arises from the Bureau of Land Management's (BLM) attempt in 1982 to readjust the royalty rate on a...

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