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CLIFFS SYNFUEL CORP. v. BABBITT

No. 2:99CV0133-ST.

147 F.Supp.2d 1118 (2001)

CLIFFS SYNFUEL CORP., a Utah corporation, Plaintiff, v. Bruce BABBITT, Secretary of the United States Department of the Interior; Thomas Fry, Acting Director, Bureau of Land Management, United States Department of the Interior; G. William Lamb, Director, Utah State Office, Bureau of Land Management, United States Department of the Interior; and the United States Department of the Interior, Defendants.

United States District Court, D. Utah, Central Division.

January 29, 2001.

Attorney(s) appearing for the Case

George M. Haley, Home Roberts Owen LLP, Salt Lake City, UT, Robert G. Pruitt, Jr., Michael S. Johnson, Pruitt Gushee & Bachtell, Salt Lake City, UT, Donald L. Morgan, Cleary Gottlieb Steen & Hamilton, Washington, DC, for Cliffs Synfuel Corp.

Donald L. Morgan, Cleary Gottlieb Steen & Hamilton, Washington, DC, for Crippled Horse Investments, Estate of Frederick H. Larson, Tosco Corp.

Jeffrey E. Nelson, U.S. Attorney's Office, Salt Lake City, UT, for Bruce Babbitt, Thomas Fry, G. William Lamb, Dept. of Interior.

MEMORANDUM AND ORDER

STEWART, District Judge.

The issue before this court is whether the decision of the Interior Department's Interior Board of Land Appeals, ("IBLA"), captioned United States v. Cliffs Synfuel Corp., IBLA 98-306 (the "IBLA Decision") is in error. The IBLA Decision is founded upon a prior IBLA decision, U.S. v. John J. Herr, et al., IBLA 92-448, 101 I.D. 113 (1994), (the "

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