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MESA OPERATING LTD. PART v. DEPT. OF INTERIOR

No. 92-5241.

17 F.3d 1288 (1994)

MESA OPERATING LIMITED PARTNERSHIP, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF the INTERIOR, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 25, 1994.

Attorney(s) appearing for the Case

James P. Denvir (Stephen A. Wakefield and Jerry E. Rothrock, also of Akin, Gump, Strauss, Hauer & Feld, Washington, D.C.; Patrick D. O'Connor and Terry M. Thomas of Moyers, Martin, Santee, Imel & Tetrick, Tulsa, Oklahoma, with him on the briefs) for Plaintiff-Appellant.

William B. Lazarus, Attorney, Department of Justice, Washington, D.C. (Myles E. Flint, Acting Assistant Attorney General; Beverly N. Nash, Lisa K. Hemmer and Robert L. Klarquist, Attorneys, Department of Justice, Washington, D.C.; F.L. Dunn, III, United States Attorney, and Peter Bernhardt, Assistant United States Attorney, Tulsa, Oklahoma; Of Counsel: Peter J. Schaumberg and Geoffrey R. Heath, Office of the Solicitor, Department of Interior, Washington, D.C., with him on the brief) for Defendant-Appellee.

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

LOGAN, Circuit Judge.

Plaintiff Mesa Operating Limited Partnership appeals a district court order denying its motion for summary judgment and granting the summary judgment motion of the defendant United States Department of the Interior. Plaintiff argues that defendant's claims for underpayment of royalties are barred by 28 U.S.C. § 2415 because the government failed to file a complaint or counterclaim within the six-year statute of limitations period, and that...

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