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HYNES v. GRIMES PACKING CO.

No. 24.

337 U.S. 86 (1949)

HYNES, REGIONAL DIRECTOR, FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR, v. GRIMES PACKING CO. ET AL.

Supreme Court of United States.

Decided May 31, 1949.

Attorney(s) appearing for the Case

Roger P. Marquis argued the cause for petitioner. With him on the brief were Solicitor General Perlman, Assistant Attorney General Vanech, Stanley M. Silverberg and S. Billingsley Hill.

Frank L. Mechem and W.C. Arnold argued the cause for respondents. With them on the brief was Edward F. Medley. Charles A. Horsky was also of counsel for respondents.

Felix S. Cohen, James E. Curry and Henry Cohen filed a brief on behalf of the Native Village of Karluk et al., as amici curiae, urging reversal.

MR. JUSTICE REED delivered the opinion of the Court.

The Secretary of the Interior on May 22, 1943, issued Public Land Order 128. It is set out in full below.1 In this case the significant part of No. 128 is that the Secretary included in the reservation, by paragraph 2, adjacent tidelands and coastal waters along the entire shore line of the uplands that touched Shelikof Strait between Kodiak Island and the Alaska Peninsula. The authority...

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