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FUNDERBERG v. UDALL

No. 21884.

396 F.2d 638 (1968)

Coral V. FUNDERBERG, Appellant, v. Stewart L. UDALL, Secretary of the Interior, et al., Appellees.

United States Court of Appeals Ninth Circuit.

June 11, 1968.

Attorney(s) appearing for the Case

C. John Bernt (argued) of Bagley, Bernt, Bianchi & Sheeks, San Rafael, Cal., for appellant.

Richard J. Dauber, Sp. Asst. to U. S. Atty., John P. Hyland, U. S. Atty., James R. Akers, Asst. U. S. Atty., Los Angeles, Cal., Edwin L. Weisl, Jr., Asst. Atty. Gen., Roger P. Marquis, S. Billingsley Hill, Edmund B. Clark, Frank B. Friedman, Attorneys, Department of Justice, Washington, D. C., for appellees.

Before MADDEN, Judge of the United States Court of Claims, and JERTBERG and CARTER, Circuit Judges.

MADDEN, Judge:

The appellant, hereinafter designated as the plaintiff, filed in the United States District Court an application for a mandatory injunction ordering the Secretary of the Interior or his authorized assistants to recognize as valid and act upon an application by the plaintiff requesting that the Secretary grant to the plaintiff a title or appropriate lease-hold interest in a site on which the plaintiff had a...

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