Paul G. SHULTZ, Plaintiff-Appellant, v. Dep't OF ARMY, United States of Am., Defendant-Appellee, 96 F.3d 1222 (9th Cir. 1996). · Go Syfert
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Paul G. SHULTZ, Plaintiff-Appellant, v. Dep't OF ARMY, United States of Am., Defendant-Appellee, 96 F.3d 1222 (9th Cir. 1996). Cases Citing This Book View Copy Cite
12 citation events (8 in the last 25 years) across 5 distinct courts.
Strongest positive: Lyon v. Gila River Indian Community (ca9, 2010-11-24)
Top citers, strongest first. 5 distinct citers. How cited ↗
cited Cited as authority (rule) Lyon v. Gila River Indian Community
9th Cir. · 2010 · confidence medium
Shultz v. Dep’t of Army, 96 F.3d 1222, 1223 (9th Cir.1996).
cited Cited "see" Hoeferer v. Babbitt
9th Cir. · 1998 · signal: see · confidence high
See Shultz v. Department of Army, 96 F.3d 1222 (9th Cir.1996), cert. denied, --- U.S ----, 118 S.Ct. 1511 , 140 L.Ed.2d 665 (1998)
cited Cited "see" Hoefler v. Babbitt
9th Cir. · 1998 · signal: see · confidence high
See Shultz v. Department of Army, 96 F.3d 1222 (9th Cir.1996), cert. denied, - U.S -, 118 S.Ct. 1511 , - L.Ed.2d -(1998).
discussed Cited "see, e.g." Carey Mills v. United States
9th Cir. · 2014 · signal: see also · confidence medium
Id.; see also Shultz v. Dep’t of Army, 96 F.3d 1222, 1223 (9th Cir.1996) (considering and rejecting a landowner’s claim to a right-of-way across federal property to access his own property under R.S. 2477 or state common law).
discussed Cited "see, e.g." Southern Utah Wilderness Alliance v. Bureau of Land Management
D. Utah · 2001 · signal: see also · confidence low
See Barker v. Board of County Comm’rs of the County of La Plata, Colo., 49 F.Supp.2d 1203, 1214 (D.Colo.1999) (citing Hodel); United States v. Jenks, 804 F.Supp. 232, 235 (D.N.M.1992) (citing Hodel), affd in part, rev’d in part on other grounds, 22 F.3d 1513 (10th Cir.1994); Adams v. United States, 687 F.Supp. 1479, 1490 (D.Nev.1988) (citing Hodel); see also Shultz v. United States Dept. of Army, 10 F.3d 649, 655 (9th Cir.1993) (citing Hodel), withdrawn and superseded on rehearing, 96 F.3d 1222 (9th Cir.1996).
Retrieving the full opinion text from the archive…
96 Cal. Daily Op. Serv. 7050, 96 Daily Journal D.A.R. 11,561 Paul G. Shultz
v.
Department of Army, United States of America
92-35197, 92-35580.
Court of Appeals for the Ninth Circuit.
Sep 20, 1996.
96 F.3d 1222
Joseph W. Sheehan, Fairbanks, Alaska, for plaintiff-appellant., William B. Lazarus, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for defendant-appellee., Sheri L. Hazeltine, Fairbanks, Alaska, for Amicus, the Tanana Chiefs Conference, Inc., Robin L. Rivett, Pacific Legal Foundation, Sacramento, California, for Amicus, Pacific Legal Foundation, Resource Development Council for Alaska, and Alaska Miners Association., Cheri C. Jacobus, Assistant Attorney General, Anchorage, Alaska, for Amicus, State of Alaska., Steven F. Alder, Assistant Attorney General, Salt Lake City, Utah, for Amicus, the State of Utah and the Utah Association of Counties., Eric P. Jorgensen, Sierra Club Legal Defense Fund, Inc., Juneau, Alaska, for Amici National Parks and Conservation Association, Tlie Wilderness Society, The Audubon Society, Southern Utah Wilderness Alliance, Sierra Club and Northern Alaska Environmental Center.
Schroeder, Fletcher, Alarcon.
Cited by 10 opinions  |  Published
Reporter's Syllabus — editorial summary, not part of the Court's opinion

Joseph W. Sheehan, Fairbanks, Alaska, for plaintiff-appellant.

William B. Lazarus, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for defendant-appellee.

Sheri L. Hazeltine, Fairbanks, Alaska, for Amicus, the Tanana Chiefs Conference, Inc.

Robin L. Rivett, Pacific Legal Foundation, Sacramento, California, for Amicus, Pacific Legal Foundation, Resource Development Council for Alaska, and Alaska Miners Association.

Cheri C. Jacobus, Assistant Attorney General, Anchorage, Alaska, for Amicus, State of Alaska.

Steven F. Alder, Assistant Attorney General, Salt Lake City, Utah, for Amicus, the State of Utah and the Utah Association of Counties.

Eric P. Jorgensen, Sierra Club Legal Defense Fund, Inc., Juneau, Alaska, for Amici National Parks and Conservation Association, The Wilderness Society, The Audubon Society, Southern Utah Wilderness Alliance, Sierra Club and Northern Alaska Environmental Center.

Appeals from the United States District Court for the District of Alaska, Andrew J. Kleinfeld, District Judge, Presiding. D.C. No. CV-86-30-AJK.

Before: SCHROEDER, FLETCHER and ALARCON, Circuit Judges.

Lead Opinion

Per Curiam Opinion; Dissent by Judge ALARCON.

ORDER

The opinion dated November 30, 1993 is withdrawn.

OPINION

PER CURIAM:

The government’s petition for rehearing is granted, the opinion of November 30,1993 at 10 F.3d 649 is withdrawn, and the following opinion is substituted in its place.

Paul G. Shultz appeals the district court’s judgment in favor of the government in his quiet title action under 28 U.S.C. § 2409a. Shultz argued that he has a right-of-way across Fort Wainwright to get back and forth between Fairbanks and his property under either R.S. 2477, 43 U.S.C. § 932, or Alaska common law, or both. Because we ultimately agree with the district court that Shultz has not sustained his burden to factually establish a continuous R.S. 2477 route or a right-of-way under Alaska common law, we affirm the district court. We do not reach Shultz’s argument that the district court erred by holding that his action was time-barred by 28 U.S.C. § 2409a(g).

AFFIRMED.

Dissent

ALARCON, Circuit Judge,

dissenting:

I respectfully dissent.

I would deny the petition for a rehearing and reverse the district court’s judgment for the reasons set forth in Judge Fletcher’s scholarly opinion in Shultz v. Department of the Army, 10 F.3d 649 (9th Cir.1993).