Eluska v. Andrus

587 F.2d 996 Heldina ELUSKA, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Cecil D. ANDRUS, Individually and in his official capacity as Secretary of the Interior of the United States of America, and the United States of America, Defendants-Appellees. No. 77-2072. United States Court of Appeals, Ninth Circuit. Dec. 11, 1978. Michael J. Frank, Gregory M. O'Leary, Alaska Legal Services Corp., Anchorage, Alaska, for plaintiffs-appellants. Charles E. Biblowit, 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 Appellant brought a class action seeking declaratory and injunctive relief against the Secretary of the Interior on behalf of herself and other Alaska Natives whose allotment claims under the Alaska Native Land Allotment Act 1 (ANLAA) had been denied. She appeals from a judgment and order denying her motion for summary judgment and remanding the case to the Interior Board of Land Appeals (IBLA) for an oral hearing in accordance with Pence v. Kleppe, 529 F.2d 135 (9th Cir. 1976) (Pence I…