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SELDOVIA NATIVE ASS'N, INC. v. LUJAN

No. 89-35295.

904 F.2d 1335 (1990)

SELDOVIA NATIVE ASSOCIATION, INC., Plaintiff-Appellant, v. Manuel LUJAN, Jr., individually and in his capacity as Secretary of the Interior of the United States; United States of America; Theodore G. Smith, individually, and in his capacity as Director of Forest Land and Water Management for the State of Alaska; Eunice M. Berglund; Margaret A. Leis; Theodore A. Richards; Charlotte E. Calhoun; David Vanderbrink; Geraldine Faller; Allan B. Billings; Judith Miller; Raymond E. Miller; Elizabeth Cummings; Gale Forrest Kay; William Findlay Abbott; Amy K. Bollenbach; Susan Campbell; Harry F. Kroll, II; Vivian MacInnes; Daniel Winn; Nels Pilskog; Keith Richard Saville, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 31, 1990.

Attorney(s) appearing for the Case

Roger W. DuBrock, Law Offices of Roger W. DuBrock, Anchorage, Alaska, for plaintiff-appellant, Seldovia Native Ass'n, Inc.

Madeleine R. Levy, Asst. Atty. Gen., Anchorage, Alaska, for defendant-appellee, State of Alaska.

David C. Shilton, Land and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., for Federal defendants-appellees.

Before KOELSCH, ALARCON and RYMER, Circuit Judges.

ALARCON, Circuit Judge:

The Seldovia Native Association (SNA) filed this action for declaratory and injunctive relief on January 12, 1981. An amended complaint was filed on April 17, 1987. SNA sought a declaration that the construction of the Alaska Native Claims Settlement Act (ANCSA), 43 U.S.C. §§ 1601-1629e, adopted by the Secretary of the Interior (the Secretary) was invalid. The Secretary's construction of ANCSA validated the State of Alaska's grant...

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