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SILAS v. BABBITT

No. 95-36015.

96 F.3d 355 (1996)

Franklin SILAS, Plaintiff-Appellant, v. Bruce BABBITT, Secretary of the Interior; United States of America, Defendants-Appellees, State of Alaska, Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 4, 1996.

Attorney(s) appearing for the Case

William E. Caldwell, Alaska Legal Services Corporation, Fairbanks, AK, for plaintiff-appellant.

Ellen J. Durkee, Environment & Natural Resources Division, United States Department of Justice, Washington, DC, for defendants-appellees.

Paul R. Lyle, Assistant Attorney General, Fairbanks, AK, for defendant-intervenor-appellee.

Before: GOODWIN, BRUNETTI and KOZINSKI, Circuit Judges.

GOODWIN, Circuit Judge:

I. INTRODUCTION

Franklin Silas applied in 1971 for an allotment of two 40-acre parcels, (herein Parcel A and Parcel B), under the Alaska Native Allotment Act of 1906 (the ANAA), 34 Stat. 197, amended by 70 Stat. 954 (1956) (repealed 85 Stat. 710 (1971))(former 43 U.S.C. §§ 270-1 to 270-3). The application alleges on its face that Silas' use commenced September 1, 1965. The...

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