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PANKEY LAND & CATTLE COMPANY v. HARDIN

Nos. 352-69, 353-69.

427 F.2d 43 (1970)

PANKEY LAND AND CATTLE COMPANY, on behalf of itself and all others similarly situated, Appellant, v. Clifford M. HARDIN, The Secretary of Agriculture of the United States of America, Appellee. PANKEY LAND AND CATTLE COMPANY, on behalf of itself and all others similarly situated, Appellant, v. Walter J. HICKEL, The Secretary of the Interior of the United States of America, Appellee.

United States Court of Appeals, Tenth Circuit.

June 1, 1970.

Attorney(s) appearing for the Case

James L. White and William J. Carney, Jr., Denver, Colo. (George T. Harris, Jr. and Modrall, Seymour, Sperling, Roehl & Harris, Albuquerque, N. M., of counsel on the brief), for appellant.

Thomas L. McKevitt, Dept. of Justice, Washington, D. C. (Shiro Kashiwa, Asst. Atty. Gen., Victor R. Ortega, U. S. Atty., John A. Babington, Asst. U. S. Atty., Albuquerque, N. M., and S. Billingsley Hill, Dept. of Justice, Washington, D. C., with him on the brief), for appellees.

Before PICKETT, Senior Circuit Judge, HILL and HICKEY, Circuit Judges.

HICKEY, Circuit Judge.

Appellant livestock operators sought judicial review of administrative action taken by the Secretary of the Interior and the Secretary of Agriculture. The trial court found the relief sought was available only through legislative or executive channels and dismissed the claim on its merits.

The issue presented is whether the federal administrative agencies, which by virtue of statute have been delegated power to establish "reasonable...

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