PEOPLE OF STATE OF CAL. EX REL. YOUNGER v. MEAD

Nos. 78-1680, 78-2046, 78-3099 and 78-3170.

618 F.2d 618 (1980)

PEOPLE OF the STATE OF CALIFORNIA ex rel. Evelle J. YOUNGER, Attorney General, Plaintiff/Appellant, v. Giles W. MEAD; Cecil D. Andrus, Secretary of the Interior; Gerald E. Hillier, Manager, Riverside District, Bureau of Land Management, Defendants/Appellees. COUNTY OF SAN BERNARDINO — MUSEUM, Plaintiff/Appellant, v. SMITHSONIAN INSTITUTION, an independent agency created pursuant to 20 U.S. Code 41 et seq.; S. Dillon Ripley, Secretary of the Smithsonian Institution; the Honorable Cecil Andrus, Secretary of Interior, Edwin Hastey, State Director of the Bureau of Land Management of the Department of Interior; Curt Berkland, Head of the Bureau of Land Management; Gerald Hillier, District Manager of the Bureau of Land Management for the Riverside District; William L. Carpenter, Director of Department of Interior; Does I thru V, Defendants/Appellees. PEOPLE OF the STATE OF CALIFORNIA ex rel. Evelle J. YOUNGER, attorney General, Plaintiff/Appellee, v. Giles W. MEAD; Cecil D. Andrus, Secretary of the Interior, et al., Defendants/Appellees. COUNTY OF SAN BERNARDINO — MUSEUM, Plaintiff/Appellant, v. SMITHSONIAN INSTITUTION et al., Defendants/Appellees. PEOPLE OF the STATE OF CALIFORNIA ex rel. Evelle J. YOUNGER, Attorney General, Plaintiff/Appellant, v. Giles W. MEAD; Cecil D. Andrus, Secretary of the Interior, et al., Defendants/Appellees. COUNTY OF SAN BERNARDINO — MUSEUM, Plaintiff/Appellee, v. SMITHSONIAN INSTITUTION et al., Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

May 15, 1980.


Attorney(s) appearing for the Case

Daniel P. Selmi, Los Angeles, Cal., Richard W. Strong, San Bernardino, Cal., for People of State of Cal.

Robert W. Frantz, Washington, D. C., Norman N. Flette, Los Angeles, Cal., argued for Mead; Robert L. Klarquist, Washington, D. C., Daniel P. Selmi, Los Angeles, Cal., on the brief.

Before KENNEDY and FARRIS, Circuit Judges, and THOMPSON, District Judge.


FARRIS, Circuit Judge.

The State of California and the San Bernardino County Museum appeal the dismissal for failure to state a claim of their suit which sought to declare invalid a permit issued to the Smithsonian Institution under the Antiquities Act, 16 U.S.C. § 432, for removal and study of the "Old Woman Meteorite." They also appeal the denial of their motion for a preliminary injunction to enjoin removal of the meteorite from the State of California. We...

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