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PRAIRIE BAND OF POTTAWATOMIE TRIBE OF INDIANS v. UDALL

No. 8129.

355 F.2d 364 (1966)

PRAIRIE BAND OF the POTTAWATOMIE TRIBE OF INDIANS, Mrs. Minnie Evans, Whose Indian Name is Minnie Weshkeenoo, John P. Wahwassuck, Alfred Curtis Pequana, James P. Wahbnosah and William Hale, Appellants, v. Stewart L. UDALL, Secretary of Interior, Philleo Nash, Commissioner of Indian Affairs, and Buford Morrison, Area Field Representative, Appellees.

United States Court of Appeals Tenth Circuit.

January 24, 1966.

Attorney(s) appearing for the Case

Sam A. Crow, Topeka, Kan. (J. A. Dickinson, Ralph Skoog and Bill G. Honeyman, Topeka, Kan., on the brief), for appellants.

Roger P. Marquis, Attorney, Department of Justice (Edwin L. Weisl, Jr., Asst. Atty. Gen., Newell A. George, U. S. Atty., and Elmer Hoge, Asst. U. S. Atty., on the brief), for appellees.

Before PICKETT, LEWIS and HILL, Circuit Judges.

HILL, Circuit Judge.

This action represents a second effort of the appellants to interject the Federal courts into a tribal dispute over what Indians are eligible to receive part of a $3,209,217.00 award payable by Congress to the Prairie Band of the Pottawatomie Tribe of Indians. The money awarded was based on an earlier Indian Claims Commission judgment granting the tribe in question further compensation for land taken by the government in the nineteenth century...

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