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SEALASKA CORP. v. ROBERTS

Civ. No. J75-9.

428 F.Supp. 1254 (1977)

SEALASKA CORPORATION, Plaintiff, v. Donna M. ROBERTS, Individually and on behalf of all others similarly situated, and Thomas Kleppe, Secretary of the Interior, or his successor, Defendants.

United States District Court, D. Alaska.

March 17, 1977.

Attorney(s) appearing for the Case

Lawrence T. Feeney, Faulkner, Banfield, Doogan & Holmes, Juneau, Alaska, for plaintiff Sealaska.

Drew Peterson, Alaska Legal Services Corp., Ketchikan, Alaska, for defendant Roberts.

Joseph A. Kalamarides, Settles & Kalamarides, Anchorage, Alaska, for defendant Doug Luna.

U. S. Atty. G. Kent Edwards, Anchorage, Alaska, for defendant Sec'y of Interior.

Harry B. Plotis, Lynnwood, Wash., for defendant individual.

MEMORANDUM AND ORDER

VON DER HEYDT, Chief Judge.

THIS CAUSE comes before the court on the class defendant's motion for summary judgment. The present case involves the interpretation of Section 5(a) of the Alaska Native Claims Settlement Act, 43 U.S.C. § 1604(a) (hereinafter ANCSA or Act) as amended by Pub.L. 94-204, 89 Stat. 1145. The central issues presented by this motion are whether the Secretary of the Interior has the power to disenroll Natives...

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