Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

04/21/67 Edgar Rundle, v. Stewart L. Udall

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT


April 21, 1967

EDGAR RUNDLE, APPELLANT

v.

STEWART L. UDALL, SECRETARY OF THE INTERIOR, APPELLEE 1967.CDC.80 DATE DECIDED: APRIL 21, 1967

*fn1 THE DISTRICT COURT OPINION IS REPORTED UNDER THE TITLE OF BOWMAN ET AL

v.

UDALL, D.D.C., 243 F. SUPP. 672 (1965). *FN2 25 U.S.C. § 463 (1963).

Bastian, Senior Circuit Judge, and Wright and Robinson, Circuit Judges.

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

APPELLATE PANEL:

PER CURIAM DECISION

This is a companion case to Hinton et al. v. Udall, 124 U.S.App.D.C. 283, 364 F.2d 676 (1966), in which this court held that an attack on an order of the Secretary of the Interior restoring ownership of all mineral, oil and gas resources in certain so-called mineral strip lands in Arizona to the San Carlo Apache Tribe of Indians was unripe for adjudication. The District Court in Hinton*fn1 had held that, assuming the justiciability of the issue presented, the Secretary had authority under Section 32 of the Indian Reorganization Act to withdraw from entry and to restore the subsurface rights in the mineral strip lands to tribal ownership. This appeal presents again the issue decided on the merits by the District Court in Hinton.3

The historical, statutory and administrative background of the issue here presented is thoroughly explored in the opinions of this court and the District Court in the Hinton case, so we do not repeat it here. Moreover, being in agreement with the excellent opinion written by Judge Tamm for the District Court holding that the Secretary was authorized to withdraw and restore the subsurface rights in the mineral strip lands to tribal ownership, we affirm this case for the reasons there stated. See 243 F. Supp. at 680-683.

Affirmed.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.