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Title: H. D. Mollohan and Birdie Mollohan V.
Author : United States Court of Appeals Ninth Circuit.
Release Date : January 17, 1969
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

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Appellants brought this action in the Arizona District Court to review and reverse a decision of the Secretary of the Interior
affirming the partial cancellation of their grazing allotments. The district court granted appellees' motion for summary judgment
and dismissed appellants' action on the merits; the question of lack of jurisdiction was apparently not raised or argued below.
Appellants now appeal, and we affirm the district court's dismissal of their action. The appeal presents two questions: 1) Did the district court have jurisdiction to review the administrative decision under
the Administrative Procedure Act (5 U.S.C. Â§ 701 et seq.) or the federal mandamus statute (28 U.S.C. 1361)? 2) Assuming the
district court did have jurisdiction, did it properly dismiss appellants' action?