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OXY USA, INC. v. BABBITT

No. 95-31047.

122 F.3d 251 (1997)

OXY USA, INC.; Plaintiff-Counter Defendant-Appellant, Mobil Exploration And Producing U.S., Inc.; Chevron USA Inc., Plaintiffs-Appellants, v. Bruce BABBITT, Secretary Department of the Interior; Deborah Gibbs Tschudy, Chief Royalty Valuation and Standards Division Minerals Management Service Department of Interior; Cynthia Quarterman, Director, Minerals Management Service, Department of the Interior, Defendants-Counter Claimants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 8, 1997.

Attorney(s) appearing for the Case

George J. Domas, New Orleans, LA, Jonathan Andrew Hunter, Liskow & Lewis, New Orleans, LA, Endya E. Delpit, Rodney, Bordenave, Boykin, Bennette & Boyle, New Orleans, LA, for OXY USA Inc, Plaintiff-Counter-Defendant-Appellant.

George J. Domas, New Orleans, LA, Jonathan Andrew Hunter, Liskow & Lewis, New Orleans, LA, Endya E. Delpit, Rodney, Bordenave, Boykin, Bennette & Boyle, New Orleans, LA, Deborah Bahn Haglund, Mobil Business Resources Corporation, Dallas, TX, for Mobil Exploration and Producing U.S., Inc., Plaintiff-Appellant.

George J. Domas, New Orleans, LA, Jonathan Andrew Hunter, Liskow & Lewis, New Orleans, LA, Endya E. Delpit, Rodney, Bordenave, Boykin, Bennette & Boyle, New Orleans, LA, for Chevron USA Inc., Plaintiff-Appellant.

Tamara Nichelle Rountree, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, Robert L. Klarquist, J. Carol Williams, Beverly Sherman Nash, U.S. Department of Justice, Washington, DC, for Bruce Babbitt, Secretary Department of the Interior Defendants-Counter Claimants-Appellees.

Before KING, SMITH and WIENER, Circuit Judges.

KING, Circuit Judge:

This is an appeal of a grant of summary judgment in favor of the government upon review of an alleged final determination of the Department of the Interior. For the reasons that follow, we vacate the judgment of the district court as it relates to Count III and remand for entry of judgment dismissing Count III with prejudice.

I. BACKGROUND

OXY USA, Inc., Mobil Exploration & Producing U.S., Inc., and Chevron U.S.A....

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