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AMERADA HESS CORP. v. DEPARTMENT OF INTERIOR

No. 97-5223.

170 F.3d 1032 (1999)

AMERADA HESS CORPORATION, Plaintiff-Appellant, v. DEPARTMENT OF INTERIOR, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 25, 1999.

Attorney(s) appearing for the Case

Jerry E. Rothrock of Akin, Gump, Strauss, Hauer & Feld, L.L.P., Washington, D.C. (Patrick D. O'Connor of Moyers, Martin, Santee, Imel & Tetrick, Tulsa Oklahoma and David M. Castro, Amerada Hess Corporation, Houston, Texas with him on the briefs) for the Plaintiff-Appellant.

Robert L. Klarquist, Department of Justice, Washington, D.C. (Lois J. Schiffer, Assistant Attorney General, Stephen Lewis, United States Attorney, and Phil Pinnell, Assistant United States Attorney, Tulsa, Oklahoma; David C. Shilton, Department of Justice, Washington, D.C.; and Geoffrey Heath, Office of the Solicitor, Department of Interior, Washington, D.C., with him on the briefs) for the Defendant-Appellee.

Before TACHA, McWILLIAMS and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

In this case, we are asked primarily to determine whether reimbursements for certain production-related costs, received by a federal gas lessee from its gas purchasers under an administrative order of the Federal Energy Regulatory Commission ("FERC"), are properly subjected to federal royalties by the Secretary of the Interior ("Secretary") under the authority of the Outer Continental Shelf Lands Act ("OCSLA"), 43 U.S.C. §§ 1331-1356...

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