DAY v. HICKEL

No. 71-1866.

481 F.2d 473 (1973)

Oma Belle DAY, Plaintiff-Appellant, v. Walter J. HICKEL, Secretary of the Interior of the United States, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

April 10, 1973.


Attorney(s) appearing for the Case

W. C. Arnold (argued), Anchorage, Alaska, for plaintiff-appellant.

Bradford F. Whitman, Washington, D. C. (argued), G. Kent Edwards, U. S. Atty., Anchorage, Alaska, Shiro Kashiwa, Asst. Atty. Gen., Edmund B. Clark, Dept. of Justice, Washington, D. C., for defendants-appellees.

Before MERRILL, DUNIWAY and TRASK, Circuit Judges.


TRASK, Circuit Judge:

The district court by summary judgment upheld a decision of the Secretary of the Interior which rejected appellant's application for certain lands near Valdez, Alaska, made under the Color-of-Title Act, 43 U.S.C. § 1068. Review by the district court was properly made pursuant to 5 U.S.C. § 704 and this court eyes it under 28 U.S.C. § 1291. We affirm.

On the south side of Port Valdez and to the west of the town of Valdez...

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