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PAUL v. ANDRUS

No. 77-3373.

639 F.2d 507 (1980)

Frederick PAUL, Appellant, v. Cecil ANDRUS, Secretary of Interior; W. Michael Blumenthal, Secretary of Treasury; Benjamin R. Civiletti, Attorney General; Arctic Slope Native Association; Atkasook Community; Anaktuvuk Pass Community; Barrow Community; Barter Island Community; Nooiksut Community; Point Lay Community; Wainwright Community; Aleut Corporation; Arctic Slope Regional Corporation; Calista Corporation; Bering Straits Native Association; Bristol Bay Native Corporation; Cook Inlet Region; Chugach Native, Inc.; Ahtna Incorporated; Koniag Incorporated; Nana Regional Corporation, Inc.; Doyon Ltd.; Sealaska Corporation, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 6, 1980.

Attorney(s) appearing for the Case

Blair F. Paul, Paul, Johnson, Paul & Riley, Seattle, Wash., for appellant.

Arthur Lazarus, Jr., Fried, Frank, Harris, Shriver & Kampelman, Washington, D. C., on brief; Edward Weinberg, Duncan, Brown, Weinberg & Palmer, Nancy Firestone, Washington, D. C., Charles A. Goldmark, Wickwire, Lewis, Goldmark, Dystel & Schorr, Seattle, Wash., LeRoy W. Wilder, Portland, Or., argued, for appellees.

Before WRIGHT and SKOPIL, Circuit Judges, and CURTIS, District Judge.

SKOPIL, Circuit Judge:

Seeking an additional attorney's fee1 from Alaska native organizations, plaintiff challenges the constitutionality of 25 U.S.C. § 81 and 43 U.S.C. § 1609. He also asks for money he alleges is due him under retainer agreements.

The district court held that the action was barred by 43 U.S.C. § 1609(a),2 which places time, venue, and party restrictions on actions challenging...

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