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REED v. UDALL

No. 22754.

416 F.2d 377 (1969)

Cecil R. REED, Plaintiff-Appellant, v. Stewart L. UDALL, Secretary of the Department of the Interior of the United States, and individually; J. R. Penny, Nevada State Director, Bureau of Land Management, United States Department of the Interior, and individually; and Val B. Richman, District Manager, Carson City Office, Bureau of Land Management, United States Department of the Interior, and individually, Defendants-Appellees.

United States Court of Appeals Ninth Circuit.

September 17, 1969.

Attorney(s) appearing for the Case

George W. Abbott (argued), Minden, Nev., for appellant.

Frank B. Friedman (argued), Clyde O. Martz, Asst. Atty. Gen., Glen E. Taylor, A. Donald Mileur, Attys., Dept. of Justice, Washington, D. C., Joseph L. Ward, U. S. Atty., Julien G. Sourwine, Asst. U. S. Atty., Reno, Nev., for appellees.

Before MERRILL and CARTER, Circuit Judges, and KILKENNY, District Judge.

PER CURIAM:

The Secretary of the Interior cancelled appellant's homestead entry upon the ground that it did not meet the cultivation requirements of 43 U.S.C. §§ 164, 279. Appellant sought review in the District Court and that court, by summary judgment, upheld the Secretary. This appeal followed. The sole question presented is whether there is substantial evidence in the administrative record to support the position of the Secretary. Palmer v. Dredge Corp...

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