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DONNELLY v. U.S.

Nos. 86-4428, 87-3834.

850 F.2d 1313 (1988)

Therese U. DONNELLY, Personal Representative of the Estate of Joseph F. Donnelly, deceased, Plaintiff-Appellant, v. UNITED STATES of America; Secretary of the Interior; Director, Bureau of Land Management and Eklutna, Inc., Defendants-Appellees. James W. LEE, Plaintiff-Appellant, v. UNITED STATES of America; Secretary of the Interior; Director, Bureau of Land Management; Eklutna, Inc.; Cook Inlet Region, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 10, 1988.

As Amended on Denial of Rehearing and Rehearing June 27, 1988.

Attorney(s) appearing for the Case

Steven P. Oliver, Anchorage, Alaska, for plaintiffs-appellants.

Vicki L. Plaut, Land & Natural Resources Div., Dept. of Justice, Washington, D.C., David P. Wolf, Copeland, Landye, Bennett and Wolf, Anchorage, Alaska, for defendants-appellees.

Before GOODWIN and FLETCHER, Circuit Judges, and CARROLL, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc June 27, 1988.

FLETCHER, Circuit Judge:

This action arises from a land dispute between the United States and several homesteaders in the Eagle River Valley area in Alaska. Some of these claims have already been decided adversely to the claimants, on jurisdictional grounds. See McIntyre v. United States, 789 F.2d 1408 (9th Cir.1986); Lee v. United States,

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