NICHOLAS v. SECRETARY OF DEPARTMENT OF INTERIOR

No. 20667.

385 F.2d 177 (1967)

Jess H. NICHOLAS, Jr., Appellant, v. SECRETARY OF the DEPARTMENT OF INTERIOR and The United States of America, Appellees.

United States Court of Appeals Ninth Circuit.

November 14, 1967.


Attorney(s) appearing for the Case

Fisher & Hornaday, James E. Fisher (argued), Kenai, Alaska, for appellant.

Richard L. McVeigh, U. S. Atty., Anchorage, Alaska, Edwin L. Weisl, Jr., Asst. Atty. Gen., Roger P. Marquis (argued), Atty. Lands Division, Dept. of Justice, Washington, D. C., for appellee.

Before CHAMBERS, JERTBERG and KOELSCH, Circuit Judges.


PER CURIAM:

Appellant appeals from a summary judgment entered in favor of appellee by the United States District Court for the District of Alaska.

Initially the Anchorage, Alaska, Land Office rejected appellant's final proof on a homestead entry and cancelled his entry for failure to meet the cultivation requirements of the Homestead Law as set forth in 43 U.S.C. § 164, but advised the appellant to apply for five acres of his entry as a homestead under...

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