PUEBLO OF JEMEZ v. U.S.

No. 13-2181.

790 F.3d 1143 (2015)

PUEBLO OF JEMEZ, a federally recognized Indian Tribe, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 26, 2015.


Attorney(s) appearing for the Case

Karl E. Johnson ( Thomas E. Luebben , Of Counsel; Randolph H. Barnhouse , on the briefs) of Johnson Barnhouse & Keegan LLP, Los Ranchos De Albuquerque, NM, for Plaintiff-Appellant.

Robert P. Stockman , Attorney, Environment & Natural Resources Division, U.S. Department of Justice, Washington, D.C. ( Sam Hirsch , Acting Assistant Attorney General; Mark R. Haag and Kenneth D. Rooney , Attorneys, Environment & Natural Resources Division, U.S. Department of Justice, Washington, D.C., with him on the brief; Cassandra Casaus Currie , Office of the General Counsel, U.S. Department of Agriculture, and Michael Williams , Office of the Solicitor, U.S. Department of the Interior, Washington, D.C., of Counsel on the brief) for Defendant-Appellee.

Kim Jerome Gottschalk , Susan Y. Noe , and Matthew L. Campbell , of Native American Rights Fund, Boulder, CO, filed an Amici brief for The National Congress of American Indians and The Association on American Indian Affairs.

Gregory P. Barbee of Sheppard Mullin Richter & Hampton, LLP, Los Angeles, CA, filed an Amici brief for Americans for Indian Opportunity, Indian Land Tenure Foundation, and Native Lands Institute.

Before PHILLIPS, SEYMOUR, and MORITZ, Circuit Judges.


The history of Indian law and in particular "decisions of the Supreme Court recognizing the validity of original Indian title1 make the existence and extent of such aboriginal ownership a relevant issue in title examinations whenever a chain of title is traced back to a federal grant or patent...

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