Mesa Operating Limited Partnership v. United States Department of the Interior

LOGAN, Circuit Judge.

Plaintiff Mesa Operating Limited Partnership appeals a district court order denying its motion for summary judgment and granting the summary judgment motion of the defendant United States Department of the Interi- or. Plaintiff argues that defendant’s claims for underpayment of royalties are barred by 28 U.S.C. § 2415 because the government failed to file a complaint or counterclaim within the six-year statute of limitations period, and that the district court erred in concluding that plaintiff waived the § 2415 statute of limitations defense by not raising it in earlier…