Darrell Zwang and Elodymae Zwang v. Stewart L. Udall, as Secretary of the Interior of the United States of America
Opinion
Opinion
Powell, J.
This is an appeal from a judgment of the District Court dismissing plaintiffs’ complaint, which was an application for a writ of mandamus. The District Court had jurisdiction under 28 U.S.C. § 1361 . This Court’s jurisdiction is under 28 U.S. C. § 1291. The facts were stipulated in the pretrial conference order as follows:
A. Desert land entries comprising 320 acres each in the N % and the S y<¿ Sec. 19, T. 4S., R. 16 E., S.B.M., an oversize section in Riverside County, California, were allowed January 6, 1955, and subsequently assigned to plaintiffs, the Zwangs, who are husband and wife.
B. Final proofs were submitted on May 17, 1961. The register’s receipt is dated May 29, 1961.
C. By decision dated May 8, 1962, the Land Office at Riverside rejected the final proofs.
D. The Zwangs appealed to the Director, Bureau of Land Management.
E. On October 10, 1962, the Division of Appeals, Office of the Director, reversed the decision of the Land Office and remanded the cases to the Land Office for further consideration.
F. On April 3, 1963, the Land Office accepted the final proofs for 80 acres in each entry and cancelled the entries as to the remaining lands.