Monty Cranston v. William Clark, Secretary of the Department of Interior, and O.W. Morgan

Defendant-appellant O.W. Morgan (“Morgan”) appeals the district court’s order granting summary judgment against him that rejected his application for a noncompetitive oil and gas lease as a multiple filing in violation of the regulations governing the noncompetitive oil and gas simultaneous filing system. We reverse.

FACTS

Morgan and plaintiff-appellee Monty Cranston (“Cranston”) each filed individual applications for a noncompetitive oil and gas lease on parcel MT 69. Morgan’s application was executed and filed on his behalf by Federal Research Corporation (“FRC”), a Florida based filing service. By letter apparently directed to the Secretary of the Interior (the “Secretary”) and dated October 2, 1981, FRC authorized R.J. Ciampa and N.C. Ciampa to sign on behalf of FRC as agent for Morgan. At a September 1981 simultaneous oil and gas lease drawing, Morgan’s application was drawn with first priority and Cranston’s application was drawn with second priority. Among other applicants for lease parcel MT 69 was Nancy Ciampa. Subsequently, it was determined that Nancy Ciampa and N.C. Ciampa are the same person.- Nancy Ciampa’s individual application was not drawn.

Shortly after the…