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ALEKNAGIK NATIVES LTD. v. ANDRUS

No. 78-2986.

648 F.2d 496 (1980)

ALEKNAGIK NATIVES LIMITED, Aleknagik City Council, Aleknagik Village Council, Ekwok Natives Limited, Ekwok City Council, Ekwok Village Council, Nondalton Native Corporation, Nondalton City Council, Nondalton Village Council, Appellants, v. Cecil D. ANDRUS, Secretary of the Interior, George E. M. Gustafson, Townsite Trustee; Robert Kesling, Anne Kesling, Vincent McClelland, and all others similarly situated, Appellees.

United States Court of Appeals, Ninth Circuit.

On Petition for Rehearing June 2, 1981.

Attorney(s) appearing for the Case

James F. Vollintine, Anchorage, Alaska, for appellants.

Mary Ann Walsh, Dept. of Justice, Washington, D.C., argued, Jacques B. Gelin, U.S. Dept. of Justice, Washington, D.C., on brief, for appellees.

Before CHAMBERS and TANG, Circuit Judges, and THOMPSON, District Judge.

TANG, Circuit Judge:

The plaintiffs, three native Alaskan village corporations organized under the Alaska Native Claims Settlement Act (ANCSA), 43 U.S.C. §§ 1601-1628, and the village and municipal councils for those villages, filed a quiet title and ejectment action contesting the Secretary of the Department of the Interior's (Secretary) interpretation of ANCSA to allow non-native entry upon townsite lands that were unoccupied at the date of ANCSA's enactment...

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