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ASSINIBOINE & SIOUX TRIBES v. NORDWICK

No. 20440.

378 F.2d 426 (1967)

ASSINIBOINE & SIOUX TRIBES et al., Appellants, v. R. E. NORDWICK et al., Appellees.

United States Court of Appeals Ninth Circuit.

May 19, 1967.

Attorney(s) appearing for the Case

Marvin J. Sonosky, Washington, D. C., John M. Schiltz, Wiggenhorn, Hutton, Schiltz & Sheehy, Billings, Mont., for appellants.

Baxter Larson, Wolf Point, Mont., Charles Luedke, Billings, Mont., for appellees.

Thurgood Marshall, Sol. Gen., Edwin L. Weisl, Jr., Asst. Atty. Gen., Roger P. Marquis, Atty., Lands & Natural Resources Div., Dept. of Justice, Washington, D. C., for the United States.

Before JERTBERG, BROWNING, and ELY, Circuit Judges.

BROWNING, Circuit Judge.

The Act of May 30, 1908 (35 Stat. 558) provided that part of the land composing the Fort Peck Reservation was to be allotted among members of the Assiniboine and Sioux Tribes, and the remainder sold for their benefit. The unallotted lands were to be opened to settlement and entry under the homestead laws at prices to be fixed by appraisal. Homestead entrymen were to be allowed five years to pay the purchase price and seven years to make final...

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