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REED v. MORTON

Nos. 71-1187, 71-1188.

480 F.2d 634 (1973)

Wallace REED et al., Appellees, v. Rogers C. B. MORTON, Secretary of the Interior, et al., Appellants, UNITED STATES of America, Appellant, v. HOOD CORPORATION et al., Appellees.

United States Court of Appeals, Ninth Circuit.

As amended on Denial of Rehearing July 27, 1973.

Attorney(s) appearing for the Case

Jacques B. Gelin (argued), Shiro Kashiwa, Asst. Atty. Gen., Sidney E. Smith, U. S. Atty., Dept. of Justice, Washington, D. C., Sherman F. Furey, Jr., U. S. Atty., Boise, Idaho, Edmund B. Clark, Arthur D. Smith, Dept. of Justice, Washington, D. C., for appellant.

Dennis M. Olsen (argued), of Petersen, Moss & Olsen, Idaho Falls, Idaho, Alan R. Woodard (argued), of Kadison, Pfaelzer, Woodard & Quinn, Los Angeles, Cal., Alfred C. Kiser, Boise, Idaho, for appellees.

Before BROWNING, DUNIWAY, and GOODWIN, Circuit Judges.

ALFRED T. GOODWIN, Circuit Judge:

The United States appeals from two judgments in related litigation, approving the acquisition and development of 3,700 acres of public land in Idaho.

The first action was brought by Wallace Reed and others to set aside an administrative decision of the Secretary of Interior canceling seven individual entries filed under the Desert Land Act of 1877, as amended, 43 U.S.C. §§ 321-339.1<...

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