SHIELDS v. UNITED STATES

No. A 77-66 Civil.

504 F.Supp. 1216 (1981)

Albert SHIELDS, Jr., Heir of Albert Shields, Sr., Plaintiffs, v. UNITED STATES of America et al., Defendants.

United States District Court, D. Alaska.

January 9, 1981.


Attorney(s) appearing for the Case

Alaska Legal Services Corporation, Craig Tillery, Mike Jeffrey, Gregory O'Leary, Richard Brown, Anchorage, Alaska, for plaintiffs.

Rene Gonzalez, U. S. Atty., District of Alaska, Anchorage, Alaska, John M. Allen, Bruce Schultheis, Dept. of Interior, Anchorage, Alaska, for defendants.


OPINION

FITZGERALD, District Judge.

This case presents a single issue. Must Alaskan Natives applying for allotments within a national forest under the 1906 Alaska Native Allotment Act establish personal use and occupancy of the land prior to establishment of the forest?1 Resolution of the issue turns on the construction given section 2 of the 1956 Amendments to the Native Allotment Act.2

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