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NELSON v. ANDRUS

No. A-3-73 Civil.

438 F.Supp. 551 (1977)

Leonard F. NELSON, Plaintiff, v. Cecil D. ANDRUS, The Secretary of the Interior of the United States, Interior Board of Land Appeals, Martin Ritvo and Joan B. Thompson, members of the Interior Board of Land Appeals, Curt Berklund, Director of the Bureau of Land Management of the United States Department of Interior, Curtis V. McVee, State Director for Alaska, Bureau of Land Management United States Department of Interior, Defendants.

United States District Court, D. Alaska.

October 18, 1977.

Attorney(s) appearing for the Case

Eugene F. Wiles and Stephen M. Ellis, of Delaney, Wiles, Moore, Hayes & Reitman, Anchorage, Alaska, for plaintiff.

James L. Swartz, U. S. Atty., Anchorage, Alaska, Gerald S. Fish, Atty., Dept. of Justice, Washington, D. C., for defendants.

MEMORANDUM AND ORDER

von der HEYDT, Chief Judge.

THIS CAUSE comes before the court on cross motions for summary judgment. The issues presented by these motions are whether plaintiff satisfactorily completed the cultivation and residency requirements of the homestead law. The factual setting of this case is well developed in Nelson v. Kleppe, 529 F.2d 164 (9th Cir. 1976), and will not be reiterated here.

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