SHIELDS v. UNITED STATES

No. 81-3120.

698 F.2d 987 (1983)

Albert SHIELDS, Jr., Heir of Albert Shields, Sr., et al., Appellants, v. UNITED STATES of America, et al., Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 7, 1983.


Attorney(s) appearing for the Case

Craig Tillery, Anchorage, Alaska, for appellants.

Rene Gonzalez, U.S. Atty., Anchorage, Alaska, Martin W. Matzen, Washington, D.C., for appellees.

Before WRIGHT, SKOPIL and ALARCON, Circuit Judges.


SKOPIL, Circuit Judge:

Appellant class, approximately 200 applicants for allotments under the 1906 Alaska Native Allotment Act, appeal a district court decision holding that the Allotment Act requires the applicant to establish personal, rather than ancestral, use and occupancy of the land prior to its withdrawal for national forests. We affirm.

I.

In 1906 Congress passed the Alaska Native Allotment Act, Pub.L. No. 171, 34 Stat. 197 (amended 1956...

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