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STATE OF ALASKA v. BABBITT

No. 93-35684.

38 F.3d 1068 (1994)

STATE OF ALASKA, Plaintiff-Appellant, v. Bruce BABBITT, Secretary of the United States Department of the Interior; Thomas Albert; and Virginia Albert on behalf of Sammy Albert, a minor, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 11, 1994.

Attorney(s) appearing for the Case

John T. Baker, Asst. Atty. Gen., Anchorage, AK, for plaintiff-appellant.

Jacques B. Gelin, Jeffrey P. Kehne, U.S. Dept. of Justice, Washington, DC, for defendant-appellee Secretary of the Interior.

Judith K. Bush, William E. Caldwell, Alaska Legal Services Corp., Fairbanks, AK, Carol H. Daniel, Alaska Legal Services Corp., Anchorage, AK, for defendant-appellee Thomas Albert, Virginia Albert for Sammy Albert, a minor.

Before WIGGINS and THOMPSON, Circuit Judges, EZRA, District Judge.

DAVID ALLEN EZRA, District Judge:

The State of Alaska ("State" or "Alaska") appeals the district court's order dismissing its complaint for lack of subject matter jurisdiction. The issue presented is whether the Indian lands exception to the Quiet Title Act, 28 U.S.C. § 2409a, precludes the State from invoking the jurisdiction of the district court to review a final administrative agency decision pursuant to Section 702 of the Administrative Procedures Act, 5...

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