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Henrikson v. Udall

United States Court of Appeals, Ninth Circuit
Oct 28, 1965
350 F.2d 949 (9th Cir. 1965)

Opinion

No. 19560.

September 15, 1965. Rehearing Denied October 28, 1965.

Vernon Vale, Nagle, Vale McDowall, San Mateo, Cal., for appellants.

Edwin L. Weisl, Jr., Asst. Atty. Gen., S. Billingsley Hill and Robert M. Perry, Attys., Dept. of Justice, Washington, D.C., Cecil F. Poole, U.S. Atty., J. Harold Weise, Asst. U.S. Atty., San Francisco, Cal., for appellees.

Before CHAMBERS, BASTIAN and KOELSCH, Circuit Judges.


This is an appeal from a grant of summary judgment by the United States District Court, Northern District of California, the effect of which was to uphold appellees' decision denying appellants' application for a land patent in the Tahoe National Forest.

It is the function of neither this Court nor of the District Court, in a proceeding such as this, to weigh the evidence adduced in the administrative proceeding. Rather, if upon review of the entire record of that proceeding there is found substantial evidence to support the Secretary's decision, that decision must be affirmed. Universal Camera Corp. v. N.L.R.B., 340 U.S. 474, 71 S.Ct. 456, 95 L.Ed. 456 (1951); Foster v. Seaton, 106 U.S.App.D.C. 253, 271 F.2d 836 (1959).

We are satisfied, as was the District Court, that the decision of the Secretary is supported by substantial evidence. The opinion of Chief Judge Harris [ 229 F. Supp. 510 (1964)] reviews the evidence in some detail; and we find no fault with the grant of summary judgment.

Accordingly, the judgment of the District Court is

Affirmed.


Summaries of

Henrikson v. Udall

United States Court of Appeals, Ninth Circuit
Oct 28, 1965
350 F.2d 949 (9th Cir. 1965)
Case details for

Henrikson v. Udall

Case Details

Full title:Charles H. HENRIKSON and Oliver Henrikson, Appellants, v. Stewart L…

Court:United States Court of Appeals, Ninth Circuit

Date published: Oct 28, 1965

Citations

350 F.2d 949 (9th Cir. 1965)

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