SCHADE v. ANDRUS

No. 78-3700, 78-3703.

638 F.2d 122 (1981)

Lloyd SCHADE, Appellant, Cross-Appellee, v. Cecil ANDRUS, Secretary of the Interior, Appellee, Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 2, 1981.


Attorney(s) appearing for the Case

Paul W. Waggoner, Anchorage, Alaska, for Schade.

Peter R. Steenland, Jr., Washington, D.C., argued for Andrus; Richard D. Kibby, Alexander O. Bryner, Anchorage, Alaska, on brief.

Before WALLACE, HUG and SCHROEDER, Circuit Judges.


SCHROEDER, Circuit Judge:

This case arose under 43 U.S.C. § 687a which provides that one in possession of public land in Alaska can purchase up to 80 acres for $2.50 an acre if the land is "needed" in the prosecution of productive industry.1

In 1964, Lloyd Schade applied to purchase 80 acres on which he was operating a slaughterhouse. The Anchorage District & Land Office of the Department of Interior originally approved...

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