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ALASKA MINERS v. ANDRUS

No. 80-3073.

662 F.2d 577 (1981)

ALASKA MINERS as a class by their representatives, John Stone, Ernest N. Wolff, and Joseph E. Vogler, who appear as representatives and individuals, Plaintiffs-Appellants, v. Cecil ANDRUS, Secretary of the Department of the Interior of the United States of America, Curt Berklund, Director, Bureau of Land Management, and Curtis V. McVee, State Director, Alaska, Bureau of Land Management of the Department of the Interior of the United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 23, 1981.

Rehearing Denied January 4, 1982.

Attorney(s) appearing for the Case

William B. Murray, Portland, Or., for plaintiffs-appellants.

David C. Shilton, Washington, D.C., for defendants-appellees.

Richmond F. Allan, Duncan, Weinberg & Miller, P.C., Washington, D.C., for amicus curiae, Sealaska Corp.

Before KILKENNY and SCHROEDER, Circuit Judges, and JAMESON, District Judge.

KILKENNY, Circuit Judge:

The appellants, owners of unpatented mining claims located prior to the enactment of the Alaska Native Claims Settlement Act (ANCSA), 43 U.S.C. § 1601, et seq., 85 Stat. 688, et. seq., December 18, 1971, claim for themselves and all others similarly situated the right to a declaratory judgment and injunctive protection of an alleged vested property right in the ability to patent their mining claims. The district court entered...

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