SKOKO v. ANDRUS

No. 76-3722.

638 F.2d 1154 (1979)

Stan SKOKO, Thomas Telford and Robert Schumacher, Board of County Commissioners, on behalf of Clackamas County, Oregon, a Political Subdivision of the State of Oregon, Plaintiffs-Appellants, v. Cecil D. ANDRUS (successor to Thomas Kleppe), Secretary of the Interior of the United States, and W. Michael Blumenthal (successor to William Simon), Secretary of the Treasury of the United States, Defendants-Appellees, and Jeanette Simerville, Larry Callahan and Dale D. Schrock, Board of County Commissioners, on behalf of Benton County, Oregon, et al., Intervenor-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Certiorari Denied October 29, 1979.


Attorney(s) appearing for the Case

Donald C. Walker (argued), Portland, Or., Kenneth E. Shetterly, Dallas, Or., for plaintiffs-appellants.

John R. Faust, Jr., Portland, Or., Charles E. Biblowit (argued), Washington, D. C., for defendants-appellees.

Before DUNIWAY and CHOY, Circuit Judges, and GRANT, District Judge.


Certiorari Denied October 29, 1979. See 100 S.Ct. 266.

DUNIWAY, Circuit Judge:

There is no merit in this appeal.

Between 1866 and 1870, Congress granted almost 4,000,000 acres of land to the Oregon & California Railroad to promote the construction of a railroad from Portland, Oregon, to the California Border. The granting statutes contained a proviso, "That the lands granted ... shall be sold to actual settlers only in quantities not greater than...

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