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UNITED STATES v. CREEK NATION

Appeal No. 7-69.

427 F.2d 743 (1970)

The UNITED STATES v. The CREEK NATION.

United States Court of Claims.

June 12, 1970.

Attorney(s) appearing for the Case

Craig A. Decker, with whom was Asst. Atty. Gen. Shiro Kashiwa, for appellant. Ralph Barney, Washington, D. C., of counsel.

Paul M. Niebell, Washington, D. C., attorney of record, for appellee.

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

COWEN, Chief Judge.

This is an appeal from two decisions of the Indian Claims Commission. In the first, rendered on July 6, 1967, the Commission held that appellee was entitled to recover under Section 2, Clause (3) of the Indian Claims Commission Act (60 Stat. 1049),1 the fair market value of 1,198.99 acres of Creek land ceded as a result of an erroneous land survey made to effect the sale, by treaty, of 175,000 acres of Creek land to...

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