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STATE OF ALASKA v. UDALL

Nos. 23603, 23597.

420 F.2d 938 (1969)

STATE OF ALASKA, Appellee, v. Stewart L. UDALL, Secretary of the Interior; Boyd L. Rasmussen, Director, Bureau of Land Management; Burton L. Silcock, State Director for Alaska, Bureau of Land Management; and Robert C. Krumm, Manager, Fairbanks Land Office, Bureau of Land Management, Appellants. STATE OF ALASKA, Appellee, v. NATIVE VILLAGE OF NENANA, Appellant.

United States Court of Appeals Ninth Circuit.

December 19, 1969.

Attorney(s) appearing for the Case

David Birenbaum (argued), Arthur Lazarus, Jr., Frank B. Friedman (argued), Shiro Kashiwa, Asst. Attys. Gen., Lands Div., Dept. of Justice, Washington, D. C., for appellant.

Charles Cranston (argued), Stephen Cooper (argued), Asst. Attys. Gen., Charles K. Cranston, Atty. Gen. of Alaska, Juneau, Alaska, for appellee.

Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison, New York City, Weissbrodt & Weissbrodt, Washington, D. C., amicus curiae.

Before BARNES, HAMLEY and KILKENNY, Circuit Judges.

HAMLEY, Circuit Judge:

This is an action brought by the State of Alaska, pursuant to 28 U.S.C. § 1361, to compel the Secretary of the Interior of the United States and other officials to issue a patent and grant tentative approval to certain lands selected by the state pursuant to section 6(b) of the Alaska Statehood Act, 72 Stat. 339 (1958), 48 U.S.C. note prec. § 21. Asserting its claim to such lands on the basis of aboriginal use, occupancy and continued...

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