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CORP. OF PRESIDING BISHOP v. HODEL

No. 86-5451.

830 F.2d 374 (1987)

CORPORATION OF the PRESIDING BISHOP OF the CHURCH OF JESUS CHRIST OF the LATTER-DAY SAINTS, Appellant, v. Donald P. HODEL, Secretary of the Interior, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided October 9, 1987.

Attorney(s) appearing for the Case

Rex E. Lee, Washington, D.C., with whom Wilford W. Kirton, Jr., Merrill F. Nelson, Salt Lake City, Utah, and Marcus G. Faust, Washington, D.C., were on brief, for appellant.

Douglas W. Kmiec, Deputy Asst. Atty. Gen., Office of Legal Counsel, Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen., Dept. of Justice, Joseph E. diGenova, U.S. Atty., and John F. Cordes, Atty., Dept. of Justice, were on brief for appellee, Secretary of Interior. Richard G. Taranto, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for the Secretary of Interior.

L. Su'esu'e Lutu, Atty. Gen., American Samoa, American Samoa of the Bar of the High Court of the American Samoa, pro hac vice by special leave of Court, with whom Arnold H. Leibowitz and Marcus W. Sisk, Jr., Washington, D.C., were on brief, for appellee, American Samoa Government.

Before SILBERMAN, BUCKLEY and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

Appellant, Corporation of the Presiding Bishop of the Church of Jesus Christ of the Latter-Day Saints ("the Church"), purchased approximately 300 acres of land located in American Samoa in 1953. In 1979, appellant filed in the High Court of American Samoa a trespass action against the Puailoa family for intruding upon the Church's tract of land, known as Malaeimi. The...

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