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UDALL v. KALERAK

No. 21629.

396 F.2d 746 (1968)

Stewart L. UDALL, Secretary of the Interior, State of Alaska, Appellants, v. Andrew J. KALERAK, Jr., Armand C. Spielman, Ronald L. Thiel, Ray McCubbins, Lawrence McCubbins, Carl B. Fiscus, C. H. Trombley, Arvil Gary Taylor, Pearl Gingerich, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied September 23, 1968.

Attorney(s) appearing for the Case

Edgar Paul Boyko (argued), Atty. Gen., Douglas B. Baily, Asst. Atty. Gen., Juneau, Alaska, for appellant State of Alaska.

William M. Cohen (argued), Roger P. Marquis, Edwin L. Weisl, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Richard L. McVeigh, U. S. Atty., Gerald J. Van Hoomissen, Asst. U. S. Atty., Anchorage, Alaska, for Stewart L. Udall.

Murphy Clark (argued) of Hughes, Thorsness & Lowe, Anchorage, Alaska, for appellees.

Before HAMLEY and DUNIWAY, Circuit Judges, and BYRNE, District Judge.

HAMLEY, Circuit Judge:

Andrew J. Kalerak, Jr. and eight other individuals brought this action in the district court to set aside a decision of the Secretary of the Interior rejecting their individual applications for certain tracts of land in the federal public domain in Alaska. Stewart L. Udall, Secretary of the Interior (Secretary) was named defendant, and the State of Alaska was thereafter permitted to intervene as an additional defendant. The facts are not in...

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