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NELSON v. KLEPPE

No. 74-1842.

529 F.2d 164 (1976)

Leonard F. NELSON, Plaintiff-Appellant, v. Thomas S. KLEPPE, the Secretary of the Interior of the United States, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

January 14, 1976.

Attorney(s) appearing for the Case

Eugene F. Wiles (argued), Delaney, Wiles, Moore, Hayes & Reitman, Anchorage, Alaska, for plaintiff-appellant.

Jacques B. Gelin (argued), Dept. of Justice, Washington, D. C., for defendants-appellees.

Before DUNIWAY, TRASK and SNEED, Circuit Judges.

OPINION

DUNIWAY, Circuit Judge:

Nelson appeals from a summary judgment which upheld a decision of the Department of the Interior denying Nelson a homestead patent. The principal question raised is whether the district court erred in holding that the Department's finding that Nelson did not have a habitable house on his homestead at the time of filing final proof is supported by substantial evidence. We reverse.

I. History of the Homestead

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