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Administrative Law Keyed to Schwartz
Gilmore v. Lujan
Citation:
947 F.2d 1409 (1991)Facts
Reed Gilmore filed an oil and gas lease application with the BLM and was selected in a computerized random drawing. The BLM sent Gilmore forms to be manually signed and returned within 30 days, with a deadline of September 28, 1987. Gilmore signed and mailed the forms on September 21, but when they hadn’t arrived by the deadline, his office contacted the BLM. After learning commercial flights couldn’t get him to Reno in time, Gilmore sent a telecopied (faxed) signature to a Reno attorney who delivered it to the BLM office on the deadline day. The original signed forms arrived one day late on September 29. The BLM rejected Gilmore’s application because the telecopied signature did not constitute a personal, handwritten signature as required by regulations.
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