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SANTA FE ENERGY PRODUCTS CO. v. McCUTCHEON

No. 95-1221.

90 F.3d 409 (1996)

SANTA FE ENERGY PRODUCTS COMPANY, Plaintiff-Appellant, v. Todd R. McCUTCHEON, Acting Area Manager, State and Indian Program Audit Office for the Minerals Management Service of the United States Department of the Interior; Bruce Babbitt, Secretary of the United States Department of the Interior, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

As Amended on Denial of Rehearing July 16, 1996.

Attorney(s) appearing for the Case

John F. Shepherd (Jane L. Montgomery, with him on the brief), of Holland & Hart, Denver, Colorado, for Plaintiff-Appellant.

William B. Lazarus (Lois J. Schiffer, Assistant Attorney General, David W. Gehlert, Robert L. Klarquist, with him on the brief), Department of Justice (Peter J. Schaumberg and Geoffrey R. Heath, Office of the Solicitor, Department of the Interior), Washington, D.C., for Defendants-Appellees.

Before SEYMOUR, Chief Judge, ALARCÓN and LUCERO, Circuit Judges.

ALARCÓN, Circuit Judge.

This appeal presents the narrow question whether the district court erred by holding that the Appellee Minerals Management Service ("MMS" or the "Government") has authority under section 103(a) of the Federal Oil and Gas Royalty Management Act ("FOGRMA") to require the production of documents for an audit relating to the first arm's length sale of oil by a wholly owned affiliate of a federal lessee. We have jurisdiction to review the merits...

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