Alfred Coleman and Edward J. McClennan v. United States

Appellant has brought the case here to review the order of the District Court granting summary judgment to Appellee and dismissing Appellant’s counterclaim. As originally filed by the United States, the suit was for ejectment of Coleman from his mining claims in the San Ber-nardino National Forest. The claims had been contested by the United States at the instance of the Forest Service in proceedings before the Interior Department and found invalid. In the District Court, Appellant counterclaimed, seeking judicial review of the decision of the Interior Department under the Administrative Procedure Act, 5 U.S.C. § 1001 et seq. The initial problem here is the appropriateness of Appellant’s counterclaim as a vehicle to obtain judicial review.

We think it settled, at least in this Circuit, that although the Administrative Procedure Act does not permit a trial de novo of administrative decisions, Noren v. Beck, 199 F.Supp. 708 (D.C.S.D.Cal.1961); Adams v. United States, 318 F.2d 861 (9 CCA 1963), it does authorize and require judicial review under the standards of the Administrative Procedure Act, Adams v. Witmer, 271 F.2d 29 (9 CCA 1959), Denison v. Udall, 248 F.Supp. 942…