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LEWIS v. HICKEL

No. 23086.

427 F.2d 673 (1970)

Perley M. LEWIS and Mildred C. Lewis, his wife, Plaintiffs-Appellants, v. Walter J. HICKEL, as Secretary of the United States Department of the Interior; Charles H. Stoddard, as Director of the Bureau of Land Management, United States Department of the Interior; Fred J. Weiler, as Arizona State Director of the Bureau of Land Management, United States Department of the Interior; Roy T. Helmandollar, as Manager, Phoenix Land Office, Bureau of Land Management, United States Department of the Interior, Defendants.

United States Court of Appeals, Ninth Circuit.

Decided June 1, 1970.

Attorney(s) appearing for the Case

John D. Lewis (argued), of Holman, Lewis, MacArthur & Carver, Tempe, Ariz., for appellants.

Robert S. Lynch (argued), U. S. Dept. of Justice, Lands Division, S. Kashiwa, Asst. Atty. Gen., Lands Division, Washington, D. C., Richard K. Burke, U. S. Atty., Tucson, Ariz., Richard S. Alleman, Asst. U. S. Atty., Phoenix, Ariz., for appellee.

Before BARNES, HAMLEY and WRIGHT, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Appellants brought suit to overturn a decision of the Secretary of the Interior rejecting their application for a private exchange of lands under the Taylor Grazing Act of 1934, 48 Stat. 1272, as amended, 43 U.S.C. § 315 et seq. (1964). Summary judgment was granted for the Secretary and this appeal followed. We affirm.

The Taylor Grazing Act gives the Secretary power to create and administer grazing districts on the public...

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