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KLAMATH AND MODOC TRIBES v. UNITED STATES

Nos. 125-61, 87-62.

436 F.2d 1008 (1971)

KLAMATH AND MODOC TRIBES and Yahooskin Band of Indians et al. v. The UNITED STATES. Elva G. ANDERSON et al. v. The UNITED STATES.

United States Court of Claims.

January 22, 1971.

Attorney(s) appearing for the Case

Glen A. Wilkinson, Washington, D. C., attorney of record, for Klamath and Modoc Tribes and Yahooskin Band of Indians and others. Angelo A. Iadarola, Richard A. Baenen and Wilkinson, Cragun & Barker, Washington, D. C., of counsel.

William E. Rollow, Washington, D. C., attorney of record for Elva G. Anderson and others.

Floyd L. France, 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.

OPINION

DAVIS, Judge.*

These cases present challenges to the Federal Government's disposition of Indian lands in Oregon. The Klamath Indian Reservation, in that state, was created by the Treaty of October 14, 1864 (16 Stat. 707) for the Klamath and Modoc Tribes and the Yahooskin Band of Snake Indians. As of November 1953, the reservation consisted of approximately 860,000 acres, the bulk of which was forest, but also included...

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