Hamilton v. Butz

520 F.2d 709 Adelaide HAMILTON, for herself and all others similarly situated, Plaintiffs-Appellants, v. Earl L. BUTZ, Individually and in his capacity as United States Secretary of Agriculture, et al., Defendants-Appellees. No. 75-1268. United States Court of Appeals, Ninth Circuit. June 20, 1975. Donald E. Clocksin (argued), Juneau, Alaska, for plaintiffs-appellants. John M. Roger (argued), App. Section, Civ. Div., Dept. of Justice, Washington, D. C., Arthur Peterson, Asst. Atty. Gen. (argued), Dept. of Law, Juneau, Alaska, for defendants-appellees. OPINION Before ELY and HUFSTEDLER, Circuit Judges, and TAYLOR, * District Judge. ELY, Circuit Judge: 1 This is an interlocutory appeal from the District Court's denial of a preliminary injunction. 28 U.S.C. § 1292 (a)(1) (1970). The appellants, plaintiffs below, sought to enjoin the Secretary of Agriculture (hereinafter "the Secretary") and other public officials 1 from considering funds paid to Alaska Natives 2 pursuant to the Alaska Natives Claims Settlement Act (hereinafter "the Settlement Act"), 43 U.S.C. § 1601 et seq. (Supp. II, 1972), as "resources" available to Native households in determining whether such…