Lade v. Udall

432 F.2d 254 Richard M. LADE, Attorney in fact for the Santa Fe Pacific Railroad Company, Plaintiff-Appellant, v. The Honorable Stewart L. UDALL, Secretary of the Interior of the United States, Defendant-Appellee. No. 23355. United States Court of Appeals, Ninth Circuit. September 25, 1970. William B. Murray, Portland, Or., for plaintiff-appellant. Sidney I. Lezak, U. S. Atty., Jack G. Collins, Asst. U. S. Atty., Portland, Or., Shiro Kashiwa, Asst. Atty. Gen., Lands Dept., Edmund B. Clark and Jonathan I. Charney, Attys., Dept. of Justice, Washington, D. C., for defendant-appellee. Before MADDEN, Judge of the United States Court of Claims, and MERRILL and TRASK, Circuit Judges. MERRILL, Circuit Judge. 1 Appellant seeks review of an administrative decision of the Secretary of the Interior rejecting his claim of right to the selection of public lands in lieu of forest lands relinquished to the United States by the Santa Fe Pacific Railroad Company. The District Court ruled in favor of the Secretary on the authority of this court's decision in Udall v. Battle Mountain Company, 385 F.2d 90 (9th Cir. 1967). Here, as in that case, appellant claimed his lieu rights as assignee of Santa…