United States Court of Appeals, Ninth Circuit Search this
Physical description:
Number of pages: 5; Page Numbers: 618-622
Type:
Court case
Place:
California
San Bernardino County (Calif.)
Date:
1980
03/15/1980
Category:
Smithsonian Legal Documents
Legal document information:
618 F.2d 618 (1980)
Title 20, Education
Court case
Notes:
See files relating to this case in Record Unit 373, Office of the Coordinator of Public Information, Records, 1977-1984, Box 3; and Accession #85-071, Office of the General Counsel, Records, Litigation, 1964-1984, Boxes 31 and 32, in Smithsonian Institution Archives.
Summary:
State of California and County of San Bernardino brought suit against the Smithsonian to prevent removal of the 6,070 pound Old Woman meteorite that was found on federal land in Southern California. The actions were consolidated and dismissed. The plaintiffs then appealed. The Court of Appeals ruled that 1) Department of Interior has broad discretionary power to dispose of objects found on federal land under the Antiquities Act; 2) Secretary of Interior did not violate regulations by authorizing removal to the Smithsonian; 3) Secretary did not need to hold hearing before doing so; 4) plaintiffs did not demonstrate a right to a hearing; 5) Secretary of Interior's decision was rational; and 6) complaint did not state a claim for relief. Circuit Judge Kennedy dissented on a procedural matter.
