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NELSON v. INTERIOR BD. OF LAND APPEALS

No. 77-3523.

598 F.2d 531 (1979)

Leonard F. NELSON, Plaintiff-Appellant, v. INTERIOR BOARD OF LAND APPEALS, etc., et al., Defendants-Appellees, and Cecil D. Andrus, Secretary of the Interior, etc., et al., Defendants.

United States Court of Appeals, Ninth Circuit.

June 12, 1979.

Attorney(s) appearing for the Case

Stephen M. Ellis (argued), Delaney, Wiles, Moore, Hayes & Reitman, Inc., Anchorage, Alaska, for plaintiff-appellant.

James W. Moorman, Asst. Atty. Gen., Robert L. Klarquist, Atty., Appellate Section, Land and Natural Resources Div., U. S. Dept. of Justice (argued), Washington, D.C., for defendants-appellees.

Before DUNIWAY, TRASK and SNEED, Circuit Judges.

DUNIWAY, Circuit Judge:

This is the second appeal in this case. Our first decision is reported in Nelson v. Kleppe, 9 Cir., 1976, 529 F.2d 164. There, we held that a decision by the Interior Board of Land Appeals of the United States Department of the Interior was erroneous. The Board, overruling a decision of a hearing examiner, had held that Nelson did not have a habitable house on the homestead property when he filed his...

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