Legal Opinion
Akers v. Morton
District Court, D. Montana
Decided September 22, 1971No. Civ. No. 907PublishedCited by 1 opinion
1Opinion of the Court
OPINION AND ORDER
RUSSELL E. SMITH, District Judge.
By this action the plaintiff, Dolly Cusker Akers, widow of John J. Akers, seeks to review the action of the Secretary of the Interior in distributing the trust estate of John J. Akers. The action of the Secretary is subject to judicial review under the Administrative Procedure Act, 5 U.S.C. § 701 et seq. Tooahnippah v. Hickel, 397 U.S. 598, 90 S.Ct. 1316, 25 L.Ed.2d 600 (1970). The scope of the review is provided by 5 U. S.C. § 706.
On this review the Court does not hear the matter de novo. It is limited to a review based on the record made in…
2Cases cited10 opinions
- Squire v. CapoemanSupreme Court of the United States · 1956
- Board of County Commissioners v. SeberSupreme Court of the United States · 1943
- Madeline Colliflower v. John Garland, Sheriff of County of BlaineCourt of Appeals for the Ninth Circuit · 1965
- Blanset v. CardinSupreme Court of the United States · 1921
- Tooahnippah v. HickelSupreme Court of the United States · 1970
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3Cited by1 opinion
- Robinson v. WolffDistrict Court, D. Nebraska · 1972