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McALPINE v. U.S.

No. 96-3094.

112 F.3d 1429 (1997)

Johnnie Louis McALPINE, Plaintiff-Appellant, v. UNITED STATES of America and Bureau of Indian Affairs, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 7, 1997.

Attorney(s) appearing for the Case

Luis A. Toro, Senn, Lewis, Visciano & Strahle, P.C., Denver, Colorado, for Plaintiff-Appellant.

Jackie N. Williams, United States Attorney, and Stephen K. Lester, Assistant United States Attorney, Wichita, Kansas, for Defendants-Appellees.

Before BRORBY, LOGAN, and HENRY, Circuit Judges.

HENRY, Circuit Judge.

Johnnie Louis McAlpine appeals from the district court's grant of the government's motion to dismiss his appeal of the Secretary of the Interior's decision denying his application to take his land into trust status. The district court dismissed Mr. McAlpine's appeal for lack of subject matter jurisdiction, ruling that the Secretary's decision is a nonreviewable discretionary act and, alternatively, that the Secretary considered the relevant regulatory...

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