ROCKIES EXP. PIPELINE LLC v. SALAZAR

Nos. 2012-1055, 2012-1174.

730 F.3d 1330 (2013)

ROCKIES EXPRESS PIPELINE LLC, Appellant, v. Ken SALAZAR, Secretary of the Interior, Appellee. Ken Salazar, Secretary of the Interior, Appellant, v. Rockies Express Pipeline LLC, Appellee.

United States Court of Appeals, Federal Circuit.

September 13, 2013.


Attorney(s) appearing for the Case

L. Poe Leggette , Fulbright & Jaworski, L.L.P., of Denver, CO, argued for Rockies Express Pipeline LLC. With him on the brief were Osborne J. Dykes, III , Benjamin M. Vetter and Lucy D. Arnold.

Domenique Kirchner , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for Ken Salazar, Secretary of the Interior. With her on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Harold D. Lester, Jr. , Assistant Director.

Before RADER, Chief Judge, REYNA, Circuit Judge, and DAVIS, Chief Judge.


REYNA, Circuit Judge.

This case involves a dispute over the interpretation of a series of contracts entered into by Rockies Express Pipeline LLC ("Rockies Express") and Minerals Management Service, a unit of the Department of the Interior (collectively "Interior"). The dispute centers on the Royalty-in-Kind (RIK) provisions found in the contracts. The Civilian Board of Contract Appeals ("Board") determined that Interior...

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