Alaska Miners v. Andrus

662 F.2d 577 ALASKA MINERS as a class by their representatives, John Stone, Ernest N. Wolff, and Joseph E. Vogler, who appear as representatives and individuals, Plaintiffs-Appellants, v. Cecil ANDRUS, Secretary of the Department of the Interior of the United Statesof America, Curt Berklund, Director, Bureau of Land Management, and Curtis V.McVee, State Director, Alaska, Bureau of Land Management of the Department oftheInterior of the United States of America, Defendants-Appellees. No. 80-3073. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 11, 1981. Decided Nov. 23, 1981. William B. Murray, Portland, Or., for plaintiffs-appellants. David C. Shilton, Washington, D.C., for defendants-appellees. Richmond F. Allan, Duncan, Weinberg & Miller, P.C., Washington, D.C., for amicus curiae, Sealaska Corp. Appeal from the United States District Court for the District of Alaska. Before KILKENNY and SCHROEDER, Circuit Judges, and JAMESON, District Judge. * KILKENNY, Circuit Judge: 1 The appellants, owners of unpatented mining claims located prior to the enactment of the Alaska Native Claims Settlement Act (ANCSA), 43 U.S.C. § 1601 , et seq., 85 Stat. 688 ,…