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HEBAH v. UNITED STATES

No. 325-69.

428 F.2d 1334 (1970)

Laura HEBAH, Administratrix, in the Matter of the Estate of Robert Hebah, Deceased v. The UNITED STATES.

United States Court of Claims.

July 15, 1970.

Attorney(s) appearing for the Case

G. L. Spence, Casper, Wyo., attorney of record, for plaintiff. H. S. Harnsberger, Jr., Riverton, Wyo., of counsel.

John E. Lindskold, Washington, D. C., with whom was Asst. Atty. Gen., Shiro Kashiwa, for defendant.

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

ON DEFENDANT'S MOTION TO DISMISS THE PETITION

DAVIS, Judge.

In February 1869 President Andrew Johnson proclaimed a Treaty between the United States and the Eastern Band of Shoshonees and the Bannack Tribe of Indians. Treaty of July 3, 1868, 15 Stat. 673. One of the treaty clauses, in Article I, provided:

If bad men among the whites, or among other people subject to the authority of the United States, shall commit any wrong upon the person or property...

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