Legal Opinion

Alaska Miners v. Andrus

Court of Appeals for the Ninth Circuit

Decided November 23, 1981No. 80-3073PublishedCited by 4 opinions

1Opinion of the Court

KILKENNY, Circuit Judge:

The appellants, owners of unpatented mining claims located prior to the enactment of the Alaska Native Claims Settlement Act (ANCSA), 43 U.S.C. § 1601, et seq., 85 Stat. 688, et. seq., December 18, 1971, claim for themselves and all others similarly situated the right to a declaratory judgment and injunctive protection of an alleged vested property right in the ability to patent their mining claims. The district court entered summary judgment in favor of appellees. We affirm.

BACKGROUND

Pursuant to the provisions of ANCSA, the United States has conveyed certain federal…

2Cases cited9 opinions

  1. Udall v. TallmanSupreme Court of the United States · 1965
  2. Shepley v. CowanSupreme Court of the United States · 1876
  3. Union Oil Co. of Cal. v. SmithSupreme Court of the United States · 1919
  4. Clipper Mining Co. v. Eli Mining & Land Co.Supreme Court of the United States · 1904
  5. Black v. Elkhorn Mining Co.Supreme Court of the United States · 1896

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3Cited by4 opinions

  1. Ken McMaster v. United StatesCourt of Appeals for the Ninth Circuit · 2013
  2. State of Alaska v. 13.90 Acres of LandDistrict Court, D. Alaska · 1985
  3. Alaska Miners v. AndrusCourt of Appeals for the Ninth Circuit · 1981
  4. City of Angoon, the Sierra Club, the Wilderness Society, Plaintiffs v. Donald Hodel, Secretary of the Interior, Shee Atika, Inc. And Sealaska Corp., City of Angoon, the Sierra Club, the Wilderness Society, Plaintiffs v. Donald Hodel, Secretary of the Interior, and Shee Atika, Inc.Court of Appeals for the Ninth Circuit · 1986

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