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DAVIS v. MORTON

No. 9190.

335 F.Supp. 1258 (1971)

Abel DAVIS et al., Plaintiffs, v. Rogers C. B. MORTON, Secretary of the Interior of the United States of America, et al., Defendants.

United States District Court, D. New Mexico.

December 21, 1971.

Attorney(s) appearing for the Case

White, Gilbert, Koch, Kelly & McCarthy, Santa Fe, N. M., for plaintiffs.

Victor R. Ortega, U. S. Atty., Richard J. Smith, Asst. U. S. Atty., Albuquerque, N. M., for defendants.

MEMORANDUM OPINION

BRATTON, District Judge.

This matter came on for evidentiary hearing on the application of the plaintiffs for a preliminary injunction, following which the parties have submitted extensive briefs. The issue for decision in this case is whether the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C.A. § 4321 et seq. (Supp.1971), applies to the Secretary of the Interior when he approves a lease of restricted Indian land under...

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