BACA v. KING

No. 94-2237.

92 F.3d 1031 (1996)

Antonio J. BACA, in his capacity as personal representative of the Estate of Josefa A. Baca, Plaintiff-Appellant, v. Bruce KING, in his individual capacity; Sam King, doing business as King Brothers Partnership, a New Mexico General Partnership; Don King, doing business as King Brothers Partnership, a New Mexico General Partnership; Bruce King, doing business as King Brothers Partnership, a New Mexico General Partnership; Manuel Lujan, in his individual capacity; Bruce Babbitt, in his official capacity as the Secretary of the United States Department of the Interior; Larry Woodard, in his individual capacity; Monte Jordan, in his official capacity as Acting New Mexico State Director of the United States Bureau of Land Management; Albert Abee, in his individual capacity and in his official capacity as Area Manager of the Rio Puerco Resource Area of the United States Bureau of Land Management, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 8, 1996.


Attorney(s) appearing for the Case

Jeffrey J. Buckels, Albuquerque, New Mexico, for Plaintiff-Appellant.

John B. Pound of Herrera, Long & Pound, Santa Fe, New Mexico, for Appellees Bruce King, Sam King and Don King.

William B. Lazarus, Attorney, Department of Justice, Washington, D.C. (Lois J. Schiffer, Assistant Attorney General, John J. Kelly, United States Attorney, and John W. Zavitz, Assistant United States Attorney, Albuquerque, New Mexico; Susan V. Cook and Robert L. Klarquist, Attorneys, Department of Justice, Washington, D.C., with him, on the brief), for Appellees Manuel Lujan, Bruce Babbitt, Larry Woodard, Monte Jordan and Albert Abee.

Before HENRY, LIVELY and MURPHY, Circuit Judges.


LIVELY, Circuit Judge.

In this appeal, the plaintiff seeks review, under the Administrative Procedure Act (APA), 5 U.S.C. §§ 701-706 (1988), of a land exchange carried out by the Department of Interior's Bureau of Land Management (BLM). Specifically, he claims that the exchange violated the equal value requirement of the Federal Land Policy and Management Act of 1976 (FLPMA), 43 U.S.C. § 1716(b) (1988). For the following reasons, we affirm the order...

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