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DUNN-McCAMPBELL ROYALTY v. NATIONAL PARK SERVICE

No. 95-40770.

112 F.3d 1283 (1997)

DUNN-McCAMPBELL ROYALTY INTEREST, INC., a Texas Corporation; Dunn-Padre Corporation, a Texas Corporation; McCampbell Minerals, Inc., Plaintiffs-Appellants, v. NATIONAL PARK SERVICE, an Agency of the United States Department of Interior; Butch Farabee, in his official capacity as Superintendent for the Padre Island National Seashore, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 23, 1997.

Attorney(s) appearing for the Case

Dick Richard Watt, Houston, TX, John Clare Heymann, Charles W. Gordon, IV, Michael J. Sullivan, Porter, Rogers, Dahlman & Gordon, Corpus Christi, TX, for Plaintiffs-Appellants.

Andrew C. Mergen, U.S. Dept. of Justice, Appellate Section, Washington, DC, Charles William Wendlandt, Jr., Corpus Christi, TX, Robert L. Klarquist, John Thompson Stahr, U.S. Dept. of Justice, Washington, DC, Larry C. Marcy, U.S. Attorney's Office, Houston, TX, Brian L. Ferrell, U.S. Dept. of Justice, Environment & Natural Resources Div., General Litigation Section, Washington, DC, for Defendants-Appellees.

Before JONES, DUHE and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Plaintiffs Dunn-McCampbell Royalty Interest, Dunn-Padre Corporation, and McCampbell Minerals (collectively "Dunn-McCampbell") appeal the district court's grant of summary judgment in the companies' action challenging the regulatory authority of the National Park Service.

I

P.F. Dunn once owned both the land and mineral rights to a long stretch of barrier islands in Texas, now known collectively as Padre Island. In...

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