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PENCE v. KLEPPE

No. 75-2144.

529 F.2d 135 (1976)

Sarah PENCE et al., Plaintiffs-Appellants, v. Thomas S. KLEPPE, Individually and as Secretary of the Interior of the United States and his agents, and the United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 23, 1976.

Attorney(s) appearing for the Case

Michael J. Frank and James Grandjean, Alaska Legal Services Corp., Anchorage, Alaska, for plaintiffs-appellants.

Carl Strass, Atty. and Wallace H. Johnson, Asst. Atty. Gen., Dept. of Justice, Washington, D.C., for defendants-appellees.

Before DUNIWAY, TRASK and SNEED, Circuit Judges.

OPINION

DUNIWAY, Circuit Judge:

Plaintiffs-appellants are Native Alaskans claiming to be eligible for allotments of public lands under the Alaska Native Allotment Act (May 17, 1906, 34 Stat. 197, as amended Aug. 2, 1956, Ch. 891, 70 Stat. 954; 43 U.S.C. §§ 270-1-270-3 (1970), repealed but with a saving clause for applications pending on December 18, 1971, by P.L. 92-203, Dec. 18, 1971, 85 Stat. 710, 43 U.S.C. § 1617). They claim to represent...

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