No. 63.

324 U.S. 335 (1945)


Supreme Court of United States.

Decided March 12, 1945.

Attorney(s) appearing for the Case

Mr. Ernest L. Wilkinson, with whom Messrs. Joseph Chez, John W. Cragun, Herman J. Galloway, Frank K. Nebeker, Charles J. Kappler, and Clinton D. Vernon were on the brief, for petitioners.

Mr. Robert E. Mulroney, with whom Solicitor General Fahy, Assistant Attorney General Littell and Mr. Norman MacDonald were on the brief, for the United States.

Messrs. Bert H. Miller, Attorney General of Idaho, and Grover A. Giles, Attorney General of Utah, filed a brief on behalf of the States of Idaho and Utah, as amici curiae, supporting petitioners.

MR. JUSTICE REED delivered the opinion of the Court.

The Northwestern Bands of Shoshone Indians, petitioners here, seek to recover from the United States damages estimated at fifteen million dollars for the taking of some fifteen million acres of the lands held by these Indians by aboriginal or immemorial title. This title was alleged by the Indians to have been recognized by the United States by the treaty between the petitioners and the United States at Box Elder...

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