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IMC KALIUM CARLSBAD v. BD. OF LAND APPEALS

No. 99-2047.

206 F.3d 1003 (2000)

IMC KALIUM CARLSBAD, INC., Plaintiff-Appellee, v. INTERIOR BOARD OF LAND APPEALS; Bureau of Land Management; Bruce Babbitt, Secretary of the Interior, Defendants, Yates Petroleum Corporation and Pogo Producing Company, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 16, 2000.

Attorney(s) appearing for the Case

Ernest L. Carroll, Losee, Carson, Haas & Carroll, P.A., Artesia, New Mexico (Gregory J. Nibert, James A. Gillespie, Hinkle, Cox, Eaton, Coffield & Hensley, L.L.P., Roswell, New Mexico, with him on the briefs), for appellants.

Charles C. High, Jr. (Cynthia S. Anderson with him on the brief), Kemp, Smith, Duncan & Hammond, P.C., El Paso, Texas, for appellee.

Before HENRY, ANDERSON, and LUCERO, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

This controversy arises from an August 20, 1992, auction by the Bureau of Land Management ("BLM") of a potassium lease on 5,280 acres of federal land in New Mexico. The BLM rejected, for alleged bad faith, the high bid of defendants Yates Petroleum Company and Pogo Producing Company ("Yates/Pogo") who bid together.1 The BLM awarded the lease to the next highest bidder, IMC Kalium Carlsbad, Inc. ("IMC...

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