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DEL-RIO DRILLING PROGRAMS, INC. v. U.S.

No. 97-5055.

146 F.3d 1358 (1998)

DEL-RIO DRILLING PROGRAMS INC., Western United Mines, Inc., Syndicators, Inc., Del-Rio Resources, Inc., Hiko Bell Mining & Oil Company, Oil Canyon Fund # 1, 1979-2, 1979-1, Cherokee Trading Company of Olney, Illinois, Dimark Inc., BGS Energy, Non-Ferrous Metal, Sunstone Energy, Inc., Interstate Solar Futures, Inc., Gerald Arndt, Joel Dangerfield, Trustee for TWT Exploration, Inc., Steven D. Martens, Lawrence C. Caldwell, J.R. Kirk, Jr., Amaron Oil Corporation, Ed Ledder, Pioneer Oil & Gas, Inc., B. Lee Waldram, Carl Webster, and Robert F. Deike, Plaintiffs-Appellants, and Mono Power Company and 1980-1, Plaintiffs, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 18, 1998.

Attorney(s) appearing for the Case

Gerald E. Nielson, Law Office, Salt Lake City, UT, argued, for plaintiffs-appellants.

John T. Stahr, Appellate Section, Environment & Natural Resources Div., Dept. of Justice, Washington, DC, argued, for defendant-appellee. With him on the brief were Lois J. Schiffer, Asst. Atty. Gen., Robert L. Klarquist, Appellate Section, Lewis S. Wiener and Thornton W. Field, Gen. Litigation Section.

Before CLEVENGER, Circuit Judge, SMITH, Senior Circuit Judge, and BRYSON, Circuit Judge.

BRYSON, Circuit Judge.

Del-Rio Drilling Programs, Inc., and the other named appellants (collectively "Del-Rio") filed a complaint in the Court of Federal Claims seeking to recover $17,000,000 from the United States. Del-Rio asserted that the government, acting through the Bureau of Land Management (BLM) and the Bureau of Indian Affairs (BIA), prevented Del-Rio from making beneficial use of mineral leases that the BLM had...

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