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TAGALA v. GORSUCH

Nos. 22832, 22833.

411 F.2d 589 (1969)

Florence Emily TAGALA, Appellant, v. Norman C. GORSUCH, Special Administrator of the Estate of Amanda Price, Deceased, Appellee. Stewart L. UDALL, as Secretary of the Interior, Appellant, v. Norman C. GORSUCH, Special Administrator of the Estate of Amanda Price, Deceased, Appellee.

United States Court of Appeals Ninth Circuit.

May 28, 1969.

Attorney(s) appearing for the Case

M. Ashley Dickerson (argued), Anchorage, Alaska, for appellant Tagala.

Robert S. Lynch (argued), Clyde O. Martz, Asst. Atty. Gen., Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., Marvin S. Frankel, U. S. Atty., Gerald J. Van Hoomissen, Asst. U. S. Atty., Anchorage, Alaska, for appellant United States.

Joseph Rudd (argued), of Ely, Guess, Rudd & Havelock, Anchorage, Alaska, for appellee.

Before HAMLEY, MERRILL and HUFSTEDLER, Circuit Judges.

MERRILL, Circuit Judge:

By this suit appellee seeks to overturn a decision of the Secretary of the Interior (Tagala v. Price A-30715), canceling the homestead of his decedent (at the instance of contestant Tagala) as to certain land in the Kenai Peninsula in Alaska. The District Court remanded the matter to the Director of the Bureau of Land Management for hearing. Appeals have been taken both by the Secretary and by Tagala.

The action of the Secretary was...

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