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AFFILIATED UTE CITIZENS OF STATE OF UTAH v. UNITED STATES

No. 175-68.

431 F.2d 1349 (1970)

AFFILIATED UTE CITIZENS OF the STATE OF UTAH, an unincorporated association formed by and under the supervision of the Secretary of the Department of the Interior pursuant to Public Law 83-671 (25 U.S.C. §§ 677-677aa) composed of 490 so-called "mixed-blood" members of the Ute Indian Tribe of the Uintah and Ouray Reservation, Utah, suing on its own behalf and as representative of and for and on behalf of its 490 members and their heirs and legal representatives as a class; and the 490 so-called "mixed-blood" members of the Ute Indian Tribe of the Uintah and Ouray Reservation, Utah, individually and as an identifiable Indian group or band, Appellant, v. The UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied November 12, 1970.

Attorney(s) appearing for the Case

Parker M. Nielson, Salt Lake City, Utah (Adam M. Duncan, Salt Lake City, Utah, on the brief), for appellant.

Edmund B. Clark, Atty., Department of Justice, Washington, D. C. (Glen E. Taylor, Acting Asst. Atty. Gen., and Roger P. Marquis, Atty., Department of Justice, Washington, D. C., on the brief), for appellee.

Before LEWIS, Chief Judge, SETH, Circuit Judge, and BRATTON, District Judge.

PER CURIAM.

This is an action wherein the plaintiff seeks to have conveyed to its individual members, "pro rata," a portion of the oil, gas, and minerals underlying the Uintah and Ouray Reservation in Utah.

The plaintiff is an unincorporated association organized for and on behalf of some 490 mixed-bloods who were formerly or may be now members of the Ute Indian Tribe of the Uintah and Ouray Reservation. The Congress enacted Public Law No. 83-671 (25 U.S.C...

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