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KLEPPE v. NEW MEXICO

No. 74-1488.

426 U.S. 529 (1976)

KLEPPE, SECRETARY OF THE INTERIOR v. NEW MEXICO ET AL.

Supreme Court of United States.

Decided June 17, 1976.

Attorney(s) appearing for the Case

Deputy Solicitor General Randolph argued the cause for appellant. With him on the briefs were Solicitor General Bork, Assistant Attorney General Taft, Edmund B. Clark, and Dirk D. Snel.

George T. Harris, Jr., Special Assistant Attorney General of New Mexico, argued the cause and filed a brief for appellees.*

Ronald A. Zumbrun and John H. Findley filed a brief for the Pacific Legal Foundation as amicus curiae urging affirmance.

Briefs of amici curiae were filed by V. Frank Mendicino, Attorney General, and Sterling A. Case, Assistant Attorney General, for the State of Wyoming et al.; by Robert List, Attorney General, for the Nevada State Board of Agriculture; by Jack E. Hull and John C. Miller for the Central Committee of Nevada State Grazing Boards et al.; and by David R. Belding and William I. Althen for Wild Horse Organized Assistance, Inc.

MR. JUSTICE MARSHALL delivered the opinion of the Court.

At issue in this case is whether Congress exceeded its powers under the Constitution in enacting the Wild Free-roaming Horses and Burros Act.

I

The Wild Free-roaming Horses and Burros Act, 85 Stat. 649, 16 U. S. C. §§ 1331-1340 (1970 ed., Supp. IV), was enacted in 1971 to protect "all unbranded and unclaimed horses and burros on public lands...

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