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FONTENELLE v. OMAHA TRIBE OF NEBRASKA

No. 19833.

430 F.2d 143 (1970)

Victor FONTENELLE et al., Appellees, v. OMAHA TRIBE OF NEBRASKA, United States of America, et al., Appellants.

United States Court of Appeals, Eighth Circuit.

August 28, 1970.

Attorney(s) appearing for the Case

Charles N. Woodruff, Atty., Dept. of Justice, Washington, D. C., for appellants; Shiro Kashiwa, Asst. Atty. Gen., and Roger P. Marquis and Edmund B. Clark, Attys., Dept. of Justice, Washington, D. C., and Richard A. Dier, U.S. Atty., Omaha, Neb., on brief.

John J. Powers, White, Lipp, Simon & Powers, Omaha, Neb., for appellees; Ralph M. Anderson, Tekamah, Neb., on brief.

Before MEHAFFY, HEANEY and BRIGHT, Circuit Judges.

HEANEY, Circuit Judge.

This is an appeal from a judgment quieting title in the plaintiffs against the United States and the Omaha Tribe of Nebraska to certain lands between the present channel of the Missouri River and its east meander line, as established by the official survey of 1867. We affirm.

The Omaha Reservation was created by a treaty in 1854 under which the Omaha Tribe ceded to the United States certain lands in Nebraska and, in turn, was granted...

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