LEWIS v. UDALL

No. 21167.

374 F.2d 180 (1967)

Perley M. LEWIS and Mildred C. Lewis, Appellants, v. Stewart L. UDALL, as Secretary of the United States Department of the Interior et al., Appellees.

United States Court of Appeals Ninth Circuit.

March 7, 1967.


Attorney(s) appearing for the Case

John D. Lewis, Holman, Lewis, MacArthur & Carver, Tempe, Ariz., for appellants.

Edwin L. Weisl, Jr., Asst. Atty. Gen., Roger P. Marquis, John G. Gill, Jr., Attys., Lands & Natural Resources Div., Dept. of Justice, Washington, D. C., William M. Copple, U. S. Atty., Richard S. Alleman, Asst. U. S. Atty., Phoenix, Ariz., for appellees.

Before JONES, Judge, U. S. Court of Claims, and BARNES and ELY, Circuit Judges.


BARNES, Circuit Judge:

This is an appeal from the entry of summary judgment against appellants. The district court's jurisdiction was based on 5 U.S.C. § 1009 and 28 U.S.C. § 1361; and this court's jurisdiction on 28 U.S.C. § 1291.

Under 43 U.S.C. § 1171 the Secretary of the Interior is authorized to sell certain isolated tracts of public land. The procedure for accomplishing this, however, provides that owners of contiguous land shall...

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