Henrikson v. Udall

350 F.2d 949 Charles H. HENRIKSON and Oliver Henrikson, Appellants, v. Stewart L. UDALL, United States Secretary of the Interior, The United Statesof America, and George Steed, District Ranger, United States Department ofAgriculture Forest Service, Appellees. No. 19560. United States Court of Appeals Ninth Circuit. Sept. 15, 1965, Rehearing Denied Oct. 28, 1965. Vernon Vale, Nagle, Vale & McDowall, San Mateo, Cal., for appellants. Edwin L. Weisl, Jr., Asst. Atty. Gen., S. Billingsley Hill and Robert M. Perry, Attys., Dept. of Justice, Washington, D.C., Cecil F. Poole, U.S. Atty., J. Harold Weise, Asst. U.S. Atty., San Francisco, Cal., for appellees. Before CHAMBERS, BASTIAN and KOELSCH, Circuit Judges. PER CURIAM. 1 This is an appeal from a grant of summary judgment by the United States District Court, Northern District of California, the effect of which was to uphold appellees' decision denying appellants' application for a land patent in the Tahoe National Forest. 2 It is the function of neither this Court nor of the District Court, in a proceeding such as this, to weigh the evidence adduced in the administrative proceeding. Rather, if upon review of the entire record of…