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McINTYRE v. UNITED STATES

Civ. No. A79-391.

490 F.Supp. 830 (1980)

Carmel J. McINTYRE, Plaintiff, v. UNITED STATES of America; Cecil D. Andrus, Secretary of the Interior, in his official capacity; Frank Gregg, Director, Bureau of Land Management, in his official capacity; Curtis V. McVee, Alaska State Director, Bureau of Land Management; Alaska Native Claims Appeal Board, United States Department of the Interior; Eklutna, Inc.; and Cook Inlet Region, Inc., Defendants.

United States District Court, D. Alaska.

May 1, 1980.

Attorney(s) appearing for the Case

Joseph W. Evans of Birch, Horton, Bittner, Monroe, Pestinger & Anderson, Anchorage, Alaska, for plaintiff.

Alexander O. Bryner, U. S. Atty. for Alaska, Rene Gonzales, Asst. U. S. Atty., James Mothershead, Atty. Sol., Dept. of Interior, Anchorage, Alaska, for Alaska Native Claims Appeal Bd.

Edward Burton and John C. Siemers, Burr, Pease & Kurtz, Anchorage, Alaska, for defendant Eklutna, Inc.

Joyce E. Bamberger, Anchorage, Alaska, for Cook Inlet Region, Inc.

MEMORANDUM AND ORDER

VON DER HEYDT, Chief Judge.

THIS CAUSE comes before the court on federal defendants' motion to dismiss.

The relevant facts in this land dispute are simply stated. On March 30, 1979, the Division of Alaska Native Claims Settlement Act Operations (hereinafter "ANCSA Operations Division"), Bureau of Land Management (hereinafter "BLM") published decision AA-6661-B, C, which indicated...

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