Legal Opinion

Simons v. Udall

District Court, D. Montana

Decided November 22, 1967No. Civ. No. 2640Published

1Opinion of the Court

ORDER AND MEMORANDUM OPINION

JAMESON, Chief Judge.

This is an action seeking judicial review of the decision of the Secretary of the Interior approving the last will and testament of Amelia Keyes Abbott Viramontes Walker, deceased, mother of the plaintiff in this action, Earlene Ida Abbott Simons.1

Defendants have moved for summary judgment. The primary question for determination is whether the decision of the Secretary is subject to judicial review. Plaintiff concedes that, “If the case is not reviewable in this court and the Secretary’s decision is final no doubt the case is ended”.

The action…

2Cases cited18 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Lone Wolf v. HitchcockSupreme Court of the United States · 1903
  3. Hallowell v. CommonsSupreme Court of the United States · 1916
  4. Board of County Commissioners v. SeberSupreme Court of the United States · 1943
  5. McKay v. KalytonSupreme Court of the United States · 1907

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