Legal Opinion

State of Utah, by and Through Its Division of State Lands v. Thomas S. Kleppe, Individually and as Secretary of the Interior of the United States

Court of Appeals for the Tenth Circuit

Decided August 8, 1978No. 76-1839PublishedCited by 10 opinions

1Opinion of the Court

BARRETT, Circuit Judge.

The United States, by and through the Secretary of the Interior (Secretary) appeals from a summary judgment granted in favor of the appellee, State of Utah (Utah) enjoining the Secretary to approve or disapprove no later than December 15, 1976 (since stayed) Utah’s school land grant “indemnity selections” of 194 parcels of public lands embracing approximately 157,255.90 acres situate in Uintah County, State of Utah. The surveyed “indemnity selections” or “lieu lands” are for school land grants-in-place which were denied Utah because of federal pre-emption, private entry…

2Cases cited31 opinions

  1. Preiser v. RodriguezSupreme Court of the United States · 1973
  2. Connally v. General Construction Co.Supreme Court of the United States · 1926
  3. Morton v. MancariSupreme Court of the United States · 1974
  4. Boyce Motor Lines, Inc. v. United StatesSupreme Court of the United States · 1952
  5. United States v. StewartSupreme Court of the United States · 1940

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3Cited by10 opinions

  1. Andrus v. UtahSupreme Court of the United States · 1980
  2. National Parks & Conservation Ass'n v. Board of State LandsUtah Supreme Court · 1993
  3. State of Utah v. AndrusDistrict Court, D. Utah · 1979
  4. Duane Brecheisen v. Eloy Mondragon, Warden And, Attorney General, State of New MexicoCourt of Appeals for the Tenth Circuit · 1987
  5. State of Wyoming, Oscar E. Swan, Commissioner of Public Lands v. Cecil D. Andrus, Secretary, United States Department of Interior, DefendantCourt of Appeals for the Tenth Circuit · 1979

5 more not listed; retrieve them via the Exa API.

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