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FAULKNER v. WATT

No. 80-3023.

661 F.2d 809 (1981)

John L. FAULKNER, Laura Jo Faulkner, R. Fred Faulkner, and Susan L. Faulkner, Plaintiffs-Appellants, v. James G. WATT, Secretary of the Interior, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 19, 1981.

Attorney(s) appearing for the Case

W. F. Ringert, Anderson, Kaufman, Anderson & Ringert, Boise, Idaho, for plaintiffs-appellants.

Jerry Jackson, Atty., Washington, D.C., for defendants-appellees.

Before SNEED, and BOOCHEVER, Circuit Judges, and CRAIG, District Judge.

SNEED, Circuit Judge:

This case involves the narrow question of whether the Secretary of the Interior's undisputed obligation to classify, upon petition by a qualified applicant, certain lands under the Taylor Grazing Act, § 7, 43 U.S.C. § 315f as suitable or unsuitable for agriculture also requires the Secretary to reclassify lands whose best use has previously been considered. Under the Department of Interior's interpretation, plaintiffs are effectively...

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