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ARMSTRONG v. UDALL

No. 24817.

435 F.2d 38 (1970)

Clara ARMSTRONG, Plaintiff-Appellant, v. Stewart UDALL, Secretary of the Interior, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

November 25, 1970.

Attorney(s) appearing for the Case

Bradley, Wagy, Bunker, Hislop & Leddy, Bakersfield, Cal. (Albert M. Leddy, Bakersfield, Cal., argued) for plaintiff-appellant.

Dwayne Keyes, U. S. Atty., James M. Bordenkircher, Asst. U. S. Atty., Sacramento, Cal., Shiro Kashiwa, Asst. Atty. Gen., Washington, D. C., for defendant-appellee.

Before DUNIWAY and CARTER, Circuit Judges, and JAMESON, District Judge.

JAMESON, District Judge:

This is an appeal from an order dismissing plaintiff-appellant's complaint.1

The complaint alleges that plaintiff's predecessor, William Trauger, on March 31, 1894 received a patent to the Northeast quarter of Section nine in Township seventeen South of Range twenty nine East of Mount Diablo Meridian in California, containing one hundred sixty acres (description from patent), pursuant to a homestead entry...

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