Ideal Basic Industries, Inc. v. Morton

542 F.2d 1364 IDEAL BASIC INDUSTRIES, INC., formerly known as Ideal Cement Company, Plaintiff-Appellant, v. Rogers C. B. MORTON, Individually and as Secretary of the Interior of the United States, Defendant-Appellee. No. 74-2298. United States Court of Appeals, Ninth Circuit. Sept. 28, 1976. Rehearing and Rehearing En Banc Denied Nov. 16, 1976. Robert P. Davison (argued), of Holland & Hart, Denver, Colo., for plaintiff-appellant. Carl Strass (argued), Dept. of Justice, Washington, D.C., for defendant-appellee. Before DUNIWAY, TRASK and SNEED, Circuit Judges. SNEED, Circuit Judge: 1 Ideal Basic Industries, Inc. (Ideal) appeals the granting by the district court of a motion for summary judgment made by the Secretary. Ideal in this action seeks relief from an adverse agency ruling which reversed an earlier administrative action favorable to a patent application filed by Ideal. The district court determined that Ideal had failed to exhaust its administrative remedies prior to seeking the desired relief. On this basis it granted the motion for summary judgment. We affirm, but we reach our result by a course somewhat different from that employed by the trial court. I. 2 Facts. 3 In…