Mollohan v. Gray

413 F.2d 349 H. D. MOLLOHAN and Birdie Mollohan, husband and wife, M. S. Horne and Ed Cudahy, doing business as Eagle Tail Ranch, Appellants, v. Warren J. GRAY, District Manager, Phoenix District Office, Bureau of Land Management, Department of the Interior of the United States, and Stewart L. Udall, Secretary of the Interior of the United States of America, Appellees. No. 22699. United States Court of Appeals Ninth Circuit. June 17, 1969. Wallace O. Tanner (argued), of Tanner, Jarvis & Owens, Phoenix, Ariz., for appellants. Jacques B. Gelin (argued), Clyde O. Martz, Asst. Atty. Gen., Raymond N. Zagone, Atty., Dept. of Justice, Washington, D.C., Edward E. Davis, U.S. Atty., Richard S. Allemann, Asst. U.S. Atty., Phoenix, Ariz., for appellees. Before DUNIWAY and CARTER, Circuit Judges, and JAMESON, * District judge. JAMES M. CARTER, Circuit Judge. 1 Appellants brought this action in the Arizona District Court to review and reverse a decision of the Secretary of the Interior affirming the partial cancellation of their grazing allotments. The district court granted appellees' motion for summary judgment and dismissed appellants' action on the merits; the question of lack of…