Mosely v. United States

OPINION

BRUGGINK, Judge.

Pending before the court is defendant’s motion to dismiss. It raises the question of whether plaintiff Mosely’s claim that defendant either breached a contract between the parties or took Mosely’s property when it cancelled an oil and gas lease is barred by res judicata. For the reasons discussed below, the motion is denied.

BACKGROUND1

Jack Mosely was issued an oil and gas lease pursuant to 30 U.S.C. § 226 (1976 & Supp. V 1981) by the Bureau of Land Management (“BLM”) on August 1, 1981. On December 3, 1981, the BLM cancelled the lease after concluding that it never…