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WOODS PETROLEUM CORP. v. DEPARTMENT OF INTERIOR

No. 92-6053.

47 F.3d 1032 (1995)

WOODS PETROLEUM CORPORATION; Raytex Resources Incorporated; Midcon Central Exploration Company; Mustang Production Company, Plaintiffs-Appellants, v. DEPARTMENT OF INTERIOR; Bureau of Indian Affairs; Timothy Nibs; Wisdom A. Nibs, Jr.; Reginald R. Nibs; Ronald Leroy Nibs; Elaine Shirley Nibs Mayes; D'Ann Nibs; Lowell Nibs; Theodore Raymond Nibs; Wisdom Nibs, Sr.; Brenda Tonips Nibs; Michael Nibs; Leroy Stoneroad; Victor Stoneroad; Solomon Stoneroad; Eleanor Joy Stoneroad; Joe Hicks; Anna B. Twins Spottedwolf; Patrick B. Spottedwolf; Lucian M. Twins; Joyce M. Twins; Minita Twins Runningwater; Wesley Robert Twins; Lucinda Amelia Sweetwater; Mariam Mann Twins; McClain H. Twins, Jr.; Marion M. Twins; Michael Wayne Twins; Tomlinson Properties, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 9, 1995.

Attorney(s) appearing for the Case

Donald L. Kahl of Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Tulsa, OK (Orval E. Jones, with him on the brief), for plaintiffs-appellants.

David C. Shilton, U.S. Dept. of Justice, Washington, DC (Lois J. Schiffer and Roger Clegg, Acting Asst. Attys. Gen., Gerald S. Fish, Dirk Snel and Robert L. Klarquist, U.S. Dept. of Justice, and Timothy D. Leonard, U.S. Atty. and M. Kent Anderson, Asst. U.S. Atty., Oklahoma City, OK, with him on the brief), for defendants-appellees U.S. Dept. of Interior and Bureau of Indian Affairs.

Steven L. Barghols and Jay C. Jimerson of Mock, Schwabe, Waldo, Elder, Reeves & Bryant, Oklahoma City, OK, on the brief, for defendant-appellee Tomlinson Properties, Inc.

Amos E. Black, III of Black & Zynda, Anadarko, OK, on the brief, for defendants-appellees Anna Twins Spottedwolf, Eleanor Stoneroad, Victor Stoneroad, and Leroy Stoneroad.

Before SEYMOUR, Chief Judge, LOGAN, MOORE, ANDERSON, TACHA, BALDOCK, BRORBY, EBEL, KELLY, and HENRY, Circuit Judges.

ON REHEARING EN BANC

EBEL, Circuit Judge.

We granted the request for rehearing en banc in this case to clarify the Secretary of the Interior's authority under 25 U.S.C. § 396 to disapprove a proposed oil and gas communization agreement that includes Indian-owned mineral interests. Woods Petroleum Corporation and other oil companies ("Woods Petroleum") commenced this action to challenge the Secretary's order rejecting a proposed agreement to communize...

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