Pence v. Andrus

586 F.2d 733 Sarah PENCE, Sophia Grindle, Annie Blue, Basille Jackson, Jack Koutchak, Angela Odinzoff, and on behalf of all other Alaska Natives similarly situated, Plaintiffs-Appellants, v. Cecil D. ANDRUS, Individually and as Secretary of the Interior and his agents the United States of America, Defendants-Appellees. No. 77-2387. United States Court of Appeals, Ninth Circuit. Nov. 22, 1978. Michael Frank, Anchorage, Alaska, for plaintiffs-appellants. Charles E. Biblowit, Atty., Washington, D. C., for defendants-appellees. Appeal from the United States District Court for the District of Alaska. Before WRIGHT, GOODWIN and ANDERSON, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 In Pence v. Kleppe, 529 F.2d 135 (9th Cir. 1976) (Pence I ), this court ordered the Secretary of the Interior to adopt regulations governing the granting of allotments under the Alaska Native Land Allotment Act (ANLAA) 1 which would meet at least the minimum due process requirements outlined in the opinion. 2 The Secretary approved the adoption of new procedures by the Interior Board of Land Appeals (IBLA), then moved for dismissal. Appellants, all members of a class of Native Alaskans claiming to be…