HEFFELMAN v. UDALL

No. 9057.

378 F.2d 109 (1967)

Charles W. HEFFELMAN, Appellant, v. Stewart L. UDALL, Secretary of the Department of Interior of the United States, Appellee.

United States Court of Appeals Tenth Circuit.

May 24, 1967.


Attorney(s) appearing for the Case

Jess Larson, Washington, D. C. (Urban A. Lester, Washington, D. C., with him on the brief), for appellant.

John G. Gill, Jr., Atty., Dept. of Justice (Edwin L. Weisl, Jr., Asst. Atty. Gen., John M. Imel, U. S. Atty., Hugh V. Schaefer, Asst. U. S. Atty., and Roger P. Marquis, Atty., Dept. of Justice, with him on the brief), for appellee.

Before LEWIS, BREITENSTEIN and HICKEY, Circuit Judges.


DAVID T. LEWIS, Circuit Judge.

The primary question here presented is whether jurisdiction exists under section 10 of the Administrative Procedure Act, 5 U.S.C. § 1009, to permit judicial review of a decision of the Secretary of the Interior determining heirship to the restricted estate of an Indian. The district court dismissed the action for lack of jurisdiction and this appeal followed.

Appellant is a claimant to part of the restricted estate of Louise...

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