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MINCHUMINA NATIVES, INC. v. U.S. DEPT. OF INTERIOR

No. 93-35841.

51 F.3d 220 (1995)

MINCHUMINA NATIVES, INC., Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF INTERIOR, Defendant-Appellee, and State of Alaska; Minchumina Homeowners Association, Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 30, 1995.

Attorney(s) appearing for the Case

Michael J. Walleri, Tanana Chiefs Conference, Anchorage, AK, for plaintiff-appellant.

Albert M. Ferlo, U.S. Dept. of Justice, Washington, DC, for defendant-appellee.

John T. Baker, Asst. Atty. Gen., Anchorage, AK, for State defendants-intervenors-appellees.

Heather H. Grahame, Bogle & Gates, Anchorage, AK, for Minchumina Homeowners Ass'n defendant-intervenor-appellee.

Before: PREGERSON, CANBY, and BOOCHEVER, Circuit Judges.

CANBY, Circuit Judge.

Minchumina Natives, Inc. ("MNI"), a group of seven Alaska Natives claiming to reside near Lake Minchumina, Alaska, seeks recognition as a "Native group" under the Alaska Native Claims Settlement Act (ANCSA), 43 U.S.C. §§ 1601-1629. MNI can qualify as a "Native group" only if its Native members "comprise a majority of the residents of the locality." Id. at § 1602(d); see Chugach Alaska Corp. v. Lujan,

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