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PHILLIPS PETROLEUM CO. v. LUJAN

No. 88-C-1487-E.

760 F.Supp. 882 (1989)

PHILLIPS PETROLEUM CO., Plaintiff, v. Manuel LUJAN, Defendant.

United States District Court, N.D. Oklahoma.

July 13, 1989.

Attorney(s) appearing for the Case

Paul E. Swain, Boone, Smith, Davis, Hurst & Dickman, Tulsa, Okl., for plaintiff.

Peter Schaumberg and Douglas Bowman, Dept. of Interior, Washington, D.C., Nancy Blevins, Asst. U.S. Atty., Tulsa, Okl., Gerald Fish, U.S. Dept. of Justice, Washington, D.C., for defendant.

ORDER

ELLISON, District Judge.

This matter comes before the Court on the motion of the Secretary of the Department of Interior to dismiss. The Secretary argues that Plaintiff, Phillips Petroleum Co. (Phillips) has not exhausted its available administrative remedies and, therefore, no final and appealable order exists from which to appeal to this Court.

The doctrine of exhaustion of administrative remedies is not a matter of jurisdiction but is within...

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