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FORT BERTHOLD RESERVATION v. UNITED STATES

Appeal No. 2-66.

390 F.2d 686 (1968)

The Three Affiliated Tribes of the FORT BERTHOLD RESERVATION et al. v. The UNITED STATES.

United States Court of Claims.

February 16, 1968.

Attorney(s) appearing for the Case

Charles A. Hobbs, Washington, D. C., attorney of record, for appellant. Wilkinson, Cragun & Barker, Donald C. Gormley, Francis L. Horn, and Jerry C. Straus, Washington, D. C., of counsel.

Ralph A. Barney, Washington, D. C., with whom was Acting Asst. Atty. Gen., J. Edward Williams, for appellee. Walter J. Muir, Washington, D. C., of counsel.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON, and NICHOLS, Judges.

OPINION

COLLINS, Judge.

This is an appeal from an interlocutory order, findings of fact, and opinion of the Indian Claims Commission (hereinafter the "Commission"). Appellant claims that the United States, under the Act of June 1, 1910, 36 Stat. 455, deprived it of part of its reservation lands without the payment of just compensation and, in some instances, without the payment of any compensation. Under that act, to be discussed in more detail infra, the...

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