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SESSIONS, INC. v. MORTON

No. 72-3062.

491 F.2d 854 (1974)

SESSIONS, INC., a California Corporation, Plaintiff-Appellant, v. Rogers C. B. MORTON, Secretary of the Interior et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 18, 1974.

Attorney(s) appearing for the Case

James M. Schlecht, Allen O. Perrier (Argued), Schlecht, McCullough & Perrier, Palm Springs, Cal., for plaintiff-appellant.

Kent Frizzell, Asst. Atty. Gen., Carl Strass, Peter R. Steenland (Argued), U. S. Dept. of Justice, Washington, D. C., William D. Keller, U. S. Atty., Philip S. Malinsky, Asst. U. S. Atty., Los Angeles, Cal., for defendants-appellees.

Before HAMLEY and CHOY, Circuit Judges, and SMITH, District Judge.

CHOY, Circuit Judge:

Sessions, Inc., a California corporation and lessee of certain Indian lands, filed a complaint in the district court seeking review under 5 U.S.C. § 702 (1970)1 of the Secretary of Interior's (the Secretary) decision cancelling its lease, and a declaration of its rights against the Indian lessors, Pierce and McCoy, under the Declaratory Judgment Act, 28 U.S.C. §...

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