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HARVEY E. YATES CO. v. POWELL

No. 95-2214.

98 F.3d 1222 (1996)

HARVEY E. YATES COMPANY, a New Mexico corporation; New Mexico Oil & Gas Association, Plaintiffs-Appellees, v. Ray POWELL, Commissioner of Public Lands for the State of New Mexico, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied November 13, 1996.

Attorney(s) appearing for the Case

Jan Unna, Special Assistant Attorney General, Santa Fe, New Mexico (Kelly Brooks, Special Assistant Attorney General, with her on the brief), for Defendant-Appellant.

Andrew J. Cloutier of Hinkle, Cox, Eaton, Coffield & Hensley, Roswell, New Mexico (Harold L. Hensley, Jr., with him on the brief), for Plaintiffs-Appellees.

Before SEYMOUR, Chief Judge, TACHA and EBEL, Circuit Judges.

EBEL, Circuit Judge.

Appellees Harvey E. Yates, Co. ("HEYCO") and the New Mexico Oil and Gas Association ("NMOGA") filed this declaratory judgment action in state district court in Chaves County, New Mexico against the New Mexico Commissioner of Public Lands. Appellees sought a judgment declaring invalid a revised New Mexico State Land Office regulation governing the calculation and payment of royalties under state oil and gas leases ("Rule 1.059"). The Commissioner...

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