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NELSON v. ANDRUS

No. 76-3319.

591 F.2d 1265 (1978)

T. Stanley NELSON, Idaho Wildlife Federation, Golden Eagle Audubon Chapter, B. Robert Butler, Marid P. Delisio, Ruthann Knudsen, Max G. Pavesic, David Rice and Roderick Sprague, Plaintiffs-Appellants, v. Cecil D. ANDRUS (formerly Thomas S. Kleppe), in his official capacity of Secretary of the Interior of the United States, Curtis J. Berklund, in his official capacity as Director of the Bureau of Land Management of the Department of the Interior, William L. Matthews, State Director (Idaho) of the Bureau of Land Management, Defendants-Appellees, Robert M. Henggeler, Intervenor-Defendant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied November 1, 1978.

Attorney(s) appearing for the Case

Herbert W. Rettig (argued), Dunlap, Rettig & Rosenberry, Caldwell, Idaho, William F. Schroeder (argued), of Schroeder, Denning & Hutchens, Vale, Or., for plaintiffs-appellants.

Edward J. Shawaker (argued), of Dept. of Justice, Washington, D. C., William F. Ringert (argued), of Anderson, Kaufman, Anderson & Ringert, Boise, Idaho, for defendants-appellees.

Before WRIGHT and GOODWIN, Circuit Judges, and JAMESON, District Judge.

PER CURIAM:

This is an appeal from a summary judgment dismissing the action with prejudice on the ground that the court was without jurisdiction to review a decision of the Secretary of the Interior which classified certain land as suitable for entry under the Desert Land Act, as amended, 43 U.S.C. § 321, et seq., and granted a desert land entry permit to the intervenor. In a well reasoned opinion, setting forth in detail the

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