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STATE OF ALASKA v. BABBITT

No. 94-35677.

67 F.3d 864 (1995)

STATE OF ALASKA, Plaintiff-Appellant, v. Bruce BABBITT, Secretary of the Interior; United States of America; Evelyn Foster, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 5, 1995.

Attorney(s) appearing for the Case

E. John Athens, Jr. and Paul R. Lyle, Assistant Attorneys General, Fairbanks, Alaska, for plaintiff-appellant.

Jeffrey P. Kehne, United States Department of Justice, Washington, D.C., and Marlyn J. Twitchell, Alaska Legal Services Corporation, Anchorage, Alaska, for defendants-appellees.

Before: HALL, WIGGINS, and KLEINFELD, Circuit Judges.

WIGGINS, Circuit Judge:

BACKGROUND

In 1962, the Bureau of Land Management ("BLM") granted the State of Alaska ("Alaska") a right-of-way, pursuant to 23 U.S.C. § 317, for the construction of the George Parks Highway. The right-of-way grant was amended in 1969 to include a slightly different section of land.

In June 1971, Evelyn Foster applied for a Native allotment of land pursuant to the Allotment Act, 43 U.S.C. §§ 270-1 to 270-3 ...

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