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STATE OF ALA. v. U.S. DEPT. OF INTERIOR

No. 94-6657.

84 F.3d 410 (1996)

STATE OF ALABAMA, State of Alabama ex rel. James H. Evans, Attorney General, Plaintiffs-Appellants-Cross-Appellees, v. UNITED STATES DEPARTMENT OF the INTERIOR, Minerals Management Service, Defendants-Appellees-Cross-Appellants, Manuel Lujan, Jr., Scott Sewell, Defendants, OXY USA Inc., Defendant-Intervenor-Appellee-Cross-Appellant, Exploration Mobil Oil Exploration & Producing Southeast, Inc., Conoco, Inc., Texaco Exploration and Production, Inc., Intervenors-Appellees-Cross-Appellants, AGIP Petroleum Company, Inc., Intervenor.

United States Court of Appeals, Eleventh Circuit.

June 5, 1996.

Attorney(s) appearing for the Case

William R. Sawyer, Asst. U.S. Atty., Mobile, AL, Charles W. Findlay, III, Lisa K. Hemmer, Brian L. Ferrell, U.S. Dept. of Justice, Environment and Natural Resources Division, General Litigation Section, Washington, DC, Andrew F. Walch, U.S. Dept. of Justice, Environment and Natural Resources Division, Denver, CO, Robert L. Klarquist, J. Carol Williams, U.S. Dept. of Justice, Environment and Natural Resources Division, Appellate Section, Washington, DC, for defendants-appellees-cross-appellants.

R. Craig Kneisel, Otis J. Goodwyn, William D. Little, Office of the Attorney General, Montgomery, AL, Louis Linton Morgan, Morgan & Williams, Ltd., Metairie, LA, for Alabama.

Conrad Armbrecht, T.A., Armbrecht, Jackson, DeMouy, Crowe, Holmes & Reeves, Mobile, AL, J. Berry St. John, Jr., Craig Wyman, Liskow & Lewis, New Orleans, LA, for Intervenors.

Before COX and BARKETT, Circuit Judges, and PROPST, District Judge.

BARKETT, Circuit Judge:

Both parties appeal different aspects of the summary disposition of this cause. The material facts are not in dispute. Under a lease agreement with the U.S. Department of the Interior ("DOI"), Mobil Oil Exploration and Production Southeast, Inc. presently leases a tract of submerged land on the outer continental shelf called Federal Offshore Lease Block 823. On this tract, Mobil has four wells producing natural gas from a reservoir that straddles...

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