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SENECA NATION OF INDIANS v. BRUCKER

No. 14488.

262 F.2d 27 (1958)

The SENECA NATION OF INDIANS, Appellant, v. Wilber M. BRUCKER, Secretary of the Army, and Emerson C. Itschner, Major General, United States Army Corps of Engineers, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided November 25, 1958.

Attorney(s) appearing for the Case

Mr. Edward E. O'Neill, Washington, D. C., with whom Mr. C. Walter Harris, Washington, D. C., was on the brief, for appellant.

Mr. Roger P. Marquis, Attorney, Department of Justice, for appellees.

Before EDGERTON, WILBUR K. MILLER, and BASTIAN, Circuit Judges.

PER CURIAM.

The appellant Seneca Nation of Indians seeks an injunction to restrain the appellees from constructing an Allegheny Reservoir Project so as to flood a substantial amount of appellant's lands. The District Court dismissed the complaint.

It is undisputed (1) that the proposed flooding will infringe Indian rights acquired by treaty in 1794, 7 Stat. 44, and (2) that Congress can authorize a taking by eminent domain despite the treaty. Cherokee Nation...

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